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

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2009 01/26 17:41 FAX 9703526666 L LATHAM-a SEELY PE Ca002/003 granted to extract any gravel or other minerals from the warm water slough area on the Gravel Land. The Application apparently will include a request m line the gravel pit with an impervious layer to change the subsurface water flow of this area. As we have indicated the alluvial soils of this area are affected by the presence of both the River and the Plumb Ditch. If the Applicant is allowed or required to place underground impervious barriers to the historic flows of the subsurface waters of this area, then the natural irrigation of the Reservoir Company Land may be detrimentally affected. The Reservoir Company has not conducted any subterranean investigation of the Reservoir Company Land, however in the substantial and lengthy experience of the members of the board of directors of the Reservoir Company and the other landowners in the area, it is their opinion that the Reservoir Company Land will sustain a reduction in subsurface water if impervious barriers are placed to the depth (80 feet) that is shown in the plan of the Applicant. Therefore if the Division either requites or permits the Applicant to place subsurface impervious barriers to the historic subsurface flow of water, then the Reservoir Company requests that the Applicant be required to immediately construct monitoring wells along the boundary of its property to establish a baseline of data for the location and amount of subsurface water on the Gravel Land, particularly along the boundary of the Gravel Land with the Reservoir Company Land. The Reservoir Company intends to closely monitor its property for any change in its subsurface water and any resulting effect on the surface of the property. The Reservoir Company intends to assert that any detrimental change in the condition of its property due to a change in subsurface water flows is directly connected to changes made on the Gravel Land as a result of any mining activity that is permitted. The mining plan of the Applicant should include specific mitigation provisions to rectify any alteration of the flow of subsurface water that may be caused by the mining activity including the installation of impervious barriers for gravel pit lining. The Lower Latham Reservoir Company is available to consult with the Division and the Applicant regarding the gravel mining proposal to attempt to achieve an amicable resolution of the identified impacts that the proposed gravel mining will have on the property of the reservoir Company. In summary, the Loaner Latham Reservoir Company opposes the application for a gravel mining permit on the Gravel Land under the terms of the current application. Very truly yours, Xx Dennis J. ioshiko President cc: Hoard of Directors Journey Ventures, LLC PO Boa 129 Greeley. Co 80632 J&T Consulting, Inc. Greeley, CO