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Varra Companies, Inc. <br />Office of Special Projects <br />8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax(970)3534047 <br />notification would be compounded. We believe once the conveyance structure leaves the <br />intended permit boundary it should fall into the jurisdiction of local authorities. Naturally, if it <br />re-enters a permit boundary on our or another permit, a Technical Revision would be appropriate <br />if it is not the boundary being applied for. Those Technical Revisions could be applied for prior <br />to construction or respective of any local permitting approval. <br />In this instance, a short run of approximately 60 feet (the width of the county right-of-way) <br />would cross either County (present) or Municipal (future) jurisdiction prior to reaching existing <br />Office permits for Ready Mixed Concrete and Varra Companies, Inc. to the North. Once in <br />those existing permit areas, you cannot double permit, so a Technical Revision to each permit <br />would be required to our understanding. We trust the Office on re-examination of our concerns <br />will concur. <br />15. The Mining Plan states that the final slope will be 3H:1 V down to a depth of 10 feet <br />below the normal water level. The Applicant must demonstrate that the water will be maintained <br />at a certain depth or range of depth. If the Applicant is unable to demonstrate that the water level <br />will be constant, then the final reclaimed slope will need to be 3H:1 V for the entire length of the <br />Consistent with our Water Decree (01 CW274) and total shares of Last Chance Ditch Water, <br />Varra Companies, Inc., has sufficient water to detain under this right, adequate water volumes to <br />maintain existing measured groundwater levels at the new surface consistent with typical <br />seasonal native static groundwater fluctuations of three (3.0f) feet, depending upon nominal <br />precipitation years. The calculations in Exhibit G - Water Resources were determined by our <br />water engineer and are provided in part to substantiate we have sufficient waters for unlined <br />reservoirs relative to the anticipated maximum surface acres of exposed groundwater. <br />16. The Mining Plan states that extraction will occur within 10 feet of non-residential <br />structures and within 25 feet of well heads. The Division requires a 200 foot setback from every <br />permanent man-made structure unless an executed damage waiver agreement has been submitted <br />per Rule 6.4.19(a). If an agreement cannot be reached then an engineering evaluation can be <br />used to demonstrate that mining will not result in structural damage per Rule 6.4.19(b). <br />Refer to signed Letters of Understanding or attending Notice sent and acknowledged by Certified <br />Mail/Return Receipt Requested. <br />17. The Mining Plan states that a fill operation will create the means for relocating oil and <br />gas line A. Please describe the fill operation and specify where oil and gal line A will be <br />relocated. Also, clarify which oil and gas lines correspond to the letter designations A, B, <br />and C. <br />Exhibit D, page 4, states: <br />Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 8 <br />(Office) in reply to Office correspondence of 12 May 2009 - Heintzelman Project - M2009-018.