2011-10-04_PERMIT FILE - M2010071

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October 03, 2011 Division of Reclamation Mining and Safety Attn: Mr. Michael Cunningham 1313 Sherman St., Rm 215 Denver, CO 80203 RE: Compensation agreements for structures within 200 ft. of the affected area Dear Mr. Cunningham: We request the DRMS find Application No. M 2010- 07, Goose Haven Reservoir #2 approved. This request is based on our belief that all adequacy issues and application approval requirements have been met by the Applicant, the City of Lafayette. It is our understanding the only remaining item needed by the DRMS to approve the Application is structure owner's compensation agreements. With this letter, we have enclosed compensation agreements with five owners of structures within 200 ft. of the proposed affected area. We currently have compensation agreements with the following public and private persons: • City of Lafayette • Qwest • Frank D. & Kathleen P. Schwartz • Left Hand Water District • Tom Schwartz We sent draft agreements to all structure owners within 200 ft. of the proposed affected land. To date, we have made significant attempts to reach agreements with the remaining structure owners. We have not been able to reach agreements with the remaining structure owners and desire to move the project forward. Therefore, The City of Lafayette requests it be allowed to use an alternative provision demonstrating structures within 200 ft. of the affected land will not be negatively impacted by the proposed mining and reclamation operations. C.R.S. 34 -32.5- 115(4) (e). This demonstration was made part of the original submitted Application package under the geotechnical exhibit. The structures we wish to apply this provision to are owned by the following: • Northern Colorado Water Conservation District • Xcel • Lower Boulder Ditch Co • Nancy B. Sisk 1 of 2 COI 04 2011 Division of Reclamation, illining & Safety