2011-04-15_PERMIT FILE - M2010049 (4)

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The applicant will not extract lands within 400 feet of the center line of the present channel of the Cache La Poudre River until such a time as the pending study is submitted and approved by the OMLR, along with attending plans for flood mitigation to the extent warranted by the said study, either within the timeframe of this application; or subsequent to the approval of this application, as a stipulation of approval that the same shall occur by Technical Revision of the approved permit application. For the record: The applicant maintains that detention is greater than any planned diversion at this location, and as a result creates a net benefit to the floodplain/floodway; and that no compelling evidence to the contrary has been advanced by any party respective of the planned area of activities. We further maintain that the UDFCD guidelines should not apply to stable stream segments, which we maintain is the case at this location. To contend further with the matter at this juncture, however, exceeds the scope and needs of this permit and the capacities of the OMLR. The considerations of extraction and reclamation in the floodplain/floodway have simply broadened to include diverse local, state and federal entities for which imminent resolution cannot be gained within the present confines of the Colorado Mined Land Reclamation Board or the OMLR. To be clear, the applicant is not opposed to performing mutually determined and agreed upon studies that are justified on merit, well defined both as to the components and as to the objectives, and with reasonable measures to provide necessary but coequal and cost effective stabilities and protections for all affected interests. Well stated parameters, assumptions, and reasonably assured cost benefits that complement all interests are unopposed. We believe the necessary dialogue to properly define these parameters has been complicated beyond the scope of this singular permit application, and remains a work in need of progress. Our pursuit of the requested study is an acknowledgement of these limitations and in respect to the burdens the OMLR must satisfy in the absence of such resolution. 3. The Applicant submitted a response from CGRS which states up to four wells may require water augmentation as a result of dewatering activities. The attached map depicting registered wells in the vicinity of the mine does not sufficiently address the requested information. Varra Companies, inc. correspondence of 14 April 2011 to the Colorado Office of Mined Land Reclamation 5 (OMLR) in reply to OMLR correspondence of 14 March 2011 - Western Sugar Reclamation Land Development Project- M-2010-049.