2009-05-29_REVISION - M1987049 - Laserfiche WebLink

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Mr. Tony Waldron Mr. Jared Ebert May 27, 2009 Page 3 The 2000 agreement also noted in Mr. Spratlen's letter merely grants to the McCanne Ditch an easement after a portion of the ditch was realigned as part of lining Erger's Pond. Lining Erger's Pond was,also directed by Mr. Spratlen as the then-owner of RMCC. The 2000 Agreement grants a ditch easement only and contains no language that requires RMCC to make surface or groundwater available or accessible to the McCanne Ditch. Finally, Mr. Spratlen fails to disclose or discuss the 2004 Carriage Agreement between RMCC and the McCanne Ditch, which is attached as an exhibit to our amendment application. Paragraph 10 of this Agreement contains a detailed provision that allows RMCC to relocate the McCanne Ditch as part of the mining contemplated by our amended application, but gives the McCanne the right to review and comment on our design plans prior to relocation. Our amendment application makes clear that RMCC intends to fully comply with this agreement, which is exactly what we told Mr. Spratlen and his lawyer when we met with them in January. Like the other agreements, the 2004 agreement contains no obligation to make water available to the McCanne Ditch or, as Mr. Spratlen's letter asserts, to protect "the historic supply of groundwater for this seepage ditch." In conclusion, the mining proposed in the amendment application does not affect the hydrologic balance because it does not alter Petrocco Farm's irrigation of its land on the east side of Brighton Road or the runoff from this irrigation which is the McCanne's primary source of water. Runoff from this irrigation may get to the McCanne Ditch via collection ditches and Third Creek rather than through surface runoff and groundwater, but the volume of water in the system is unchanged by RMCC's amendment application. Moreover, any number of collection and transmission solutions could be easily engineered to ensure that Petrocco runoff water is reaching the McCanne Ditch. We are disappointed that the McCanne Ditch filed this objection, which we believe does not provide a basis on which our amendment should be delayed. Notwithstanding, RMCC will participate in good faith to resolve the McCanne's concerns prior to or at a Prehearing Conference. If this is unsuccessful, we are fully prepared to present our case to the Board. V A4yo, s, onald S. H y President nt Encls. cc: Bill Timmons Ernie McLean David Bailey Jeff Schwarz Chip Spratlen Tim Flanagan