Laserfiche WebLink
February 28, 2017 <br />Mr. Brock Bowles <br />RECEIVED <br />MAR 0 3 2017 <br />Environmental Protection Specialist ).,vision of ReclamatION, <br />Colorado Division of Reclamation Mining and Safety Mining & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Certified Return Receipt Mail #70150920000000661634 <br />RE: New Horizon Mine, Permit No. C-1981-008, SL -19 <br />Dear Brock; <br />Per our telephone conversation on 2/24/2017, attached is supplemental information to our original objection to <br />SL -19. Please see attached copies of the Decrees (Decree No. W-747 only corrects the point of diversion, nothing <br />else is effected), the Deeds conveying water and ditch rights from the original claimant of the Meander Ditch back <br />in 1909 to 4/7, LLC, along with a copy of the survey map associated with the Meander Ditch that was recorded <br />with the Colorado Division Engineers Office and the Montrose County Recorder's Office in 1909. All the above are <br />of public record. <br />The landowner is protected by the following Regulations: <br />1. Water Rights (1.12) <br />2. Hydrology Description (2.04.7) <br />a. Surface Water Information (2.04.7 (2) & (3) & (4)) <br />3. Application for permit for Surface or Underground Mining Activities —Minimum Requirements for <br />Operation and Reclamation Plans (2.05). <br />4. Landowner Protection (2.05.3(v)). <br />5. Reclamation Plan (2.05.4), <br />a. Irrigation (2.05.4(2)(e)(v)). <br />6. Post Mining Land Use (2.05.5) <br />a. Surface Coal Mine Activities (2.05.5 (1)) <br />7. Mitigation of the Impacts of Mining Activities (2.05.6) <br />a. Protection of Hydrological Balance (2.05.6 (3)) <br />8. Condition of Permit (2.07.7) <br />9. Hydrologic Balance (4.05) <br />a. Stream Channel Diversion (Relocation of Streams) and Stream Channel Reconstruction (4.05.4). <br />b. Water Rights Replacement (4.05.15). <br />It should not become a burden to the landowner to have to correct this at a later date. Just because in the Mining <br />Lease, the Coal Mine had full control of the waters associated with our land during mining activities, does not <br />mean they can walk away after achieving Phase III Bond Release without making things right. The landowner <br />cannot be burdened with "Economical Impacts" and the loss of use of a historical decreed water right when <br />control of the land is turned back to the landowner. <br />Sincer , <br />Ji my R. Guire II, Trustee <br />GW46 Irrevocable Trust <br />P.O. Box 587 <br />Nucla, CO 81424 <br />