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NqL <br />74 <br />PLUMB IRRIGATION COMPANY <br />28806 C. R. 51 <br />GREELEY, CO 80631 <br />January 21, 2009 <br />Division of Reclamation, Mining and Safety <br />1.313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Journey Ventures LLC <br />Journey Ventures Pit <br />Permit # M2008080 ? <br />Legal: SESE Section 7, 5N, 64W <br />To Whom It May Concern: <br />CIFIV D <br />4AN 2 6 2009 <br />Division of Reclamation, <br />Mining and Safety <br />4i°' <br />The Plumb Ditch Company is hereby submitting an official opposition to the application made <br />by Journey Ventures, LLC for the pit referenced above. The Plumb Ditch is located on the northern <br />end of the proposed gravel pit and is going to be affected with the operation as proposed. Below is a <br />list of concerns the Board of Directors from the Plumb Ditch have. <br />1. The bank stability analysis performed by Terracon is insufficient to satisfy the concerns <br />of the ditch company. The analysis was completed from only one bore sample collected <br />on the NE corner of the proposed mine. The ditch company feels the integrity of the canal <br />will be in jeopardy if the application is approved. <br />2. Also a concern of the ditch company is the proposed 25' mining set-back from the Plumb <br />Ditch. The increased seepage will injure shareholders of the company as flows will be <br />reduced if not mitigated. <br />3. In reading the regulation, it appears that the Plumb Ditch Company should have an <br />agreement with the gravel operator before submittal of the application. There is no <br />contract signed or any contract in progress to date. <br />4. The company has very strong concerns regarding the seep canal on the southern end of <br />the proposed mine. Mining activities and potentially the installation of the slurry wall <br />could cause this seep canal to experience diminished flows, thus causing injury to the <br />shareholders. A majority of the shares in the Plumb Ditch Company are delivered to the <br />seep canal for carriage to the South Platte River for augmentation use. If the seep canal <br />does not flow during the irrigation season, there will be enormous carriage losses to the <br />South Platte River potentially resulting in a loss of water to Plumb Ditch shareholders. <br />5. The application is very vague when describing the timing of the slurry wall construction. <br />Given the proximity of the Plumb Ditch and the obvious interaction of seepage from the <br />canal and dewatering of an adjacent gravel pit (25' away), there needs to be a firm <br />deadline or definition of when the wall will be installed.