2009-05-11_REVISION - M1987049 (3)

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e 4- dlCCA1VNEDITCfI AND RESERVOIR COMPANY 975STEELESTREET DEAVER, CO 80806 May 11, 2009 Mr. Tony Waldron Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Suite 215 Denver, CO 80203 Re: DRMS File No. M-1987-04( Bromley Lakes Pit Amendment Application Submittal AM -002 SCANNED Dear Mr. Waldron: RECEIVED 4 12 2009 Division ofReclamation,� 111 Mining and Safety O/ cv1drJ This letter is to notify you of the objection of the McCanne Ditch and Reservoir Company to the pending application for a Section 112 mining permit by Ready Mixed Concrete Company ("Ready Mixed"). The McCanne Ditch and Reservoir Company has operated an irrigation ditch which runs through the proposed permit expansion area and adjacent to the existing permit area for Bromley Lakes Pit for over a century. Initially I should note that we did not receive notice of the filing of this application in March 2009 and only received a copy when the Applicant's counsel emailed a copy of the Application to our attorney on Wednesday, May 6, 2009. Because of our ditch cleaning activities, we had heard that an amendment was in the works, but did not actually know that one had been filed until a week before the comment deadline. Even though Ready Mixed is well aware of the existence of this ditch, it is not identified as a "owner of record" on Exhibit C-1. While the ditch is not labeled, it is clearly visible in the aerial photo, which is Exhibit C-2, since it drains the entire permitted area. The McCanne Ditch is a man-made structure that is located within the area to be mined. Enclosed is a color aerial photo I obtained from Ready Mixed which much more clearly delineates the ditch. While I am not an engineer, nor have I had an opportunity to yet consult with one, but it seems that allowing sealed.water storage on both the east and west sides of the McCann Ditch will necessarily eliminate the historic supply of groundwater for this seepage ditch. The