2009-01-26_PERMIT FILE - M2008080 (2)

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2009 01{26 17:41 FAX 9703528868 L LATHAM-D SEELY PE THE LOWER LATHAM RESERVOIR COMPANY P.O. BOX 398 KERS]EY, CO 80644 Wednesday, January 21, 2009 Division of Reclamation, Mining and Safety State of Colorado 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Application for Gravel Mining Permit JAA( 2 Applicant Journey Ventures, LLC ,z08 Name of Mine: Journey Ventures Pit Of Application Number: M2008-080 ?irtgan?c su Comments of The Lower Latham Reservoir Company "'??Y Dear Sir / Madam: [A 001/003 The Lower Latham Reservoir Company ("Reservoir Company's owns property to the east of and adjoining the land that is the subject of the above gravel mining permit ("Gravel Land'. The land owned by The Lower Latham Reservoir Company is identified on the attached map and consists of approximately 601) acres ("Reservoir Company Land"}. The Reservoir Company Land is currently being used for agricultural and recreational purposes including grazing and hunting. The Reservoir Company wishes to state its comments to the Division regarding the issuance of the Permit for conduct of gravel mining on the Gravel Land of the Applicant as follows. The Reservoir Company Land is south of and near the South Platte River. The Plumb Ditch passes through the Reservoir Company Land and then travels easterly under Weld County Road 51 into the Gravel Land. All of the Reservoir Company Land and the Gravel Land are a part of the alluvial plain of the South Platte River and the water table of these parcels is high due to the e3dstence of the River and the Plumb Ditch. There also exists a natural (not man-made warm water slough (unnamed) that carries surface water from the Gravel Land onto the Reservoir Company Land. This warm water slough provides a constant source of running water during all seasons of the year and is a natural area for wildlife to congregate. The Reservoir Company Land therefore has a consistent year round opportunity for recreational hunting of waterfowl. The Reservoir Company has reviewed the mining plan of the Applicant and the warm water slough area on the Gravel 14nd is planned to be mined This raining activity of the slough will destroy the free flow of existing warm water that passes from the Gravel Land onto the Reservoir Company Land and will therefore destroy the recreational use of the Reservoir Company Land. The Reservoir Company therefore strenuously objects to any change of the warm water slough property that would affect the transmission of surface and subsurface water that flows across the Gravel Land onto the Reservoir Company Land. The Reservoir Company therefore requests that no permit be