GENERAL31975

• Permit No: M1989056
• IBM Index Class Name: General Documents
• Doc Date: 8/17/2004
• Doc Name: Status of Stipulations
• From: Don Kehn Construction Inc.
• To: DMG
• Media Type: D
• Archive: No

I~EHN•5I Don Kehn
FORT COLLINS Construction Inc.
Asphalt Paving • Crushed Aggregates • Earthmoving • irucKing
July 26, 2004
Permil Number
Class; Permit
Section/Exhibit: _
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Class: ~ Revision _
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Class: ^ Report ^
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AUG 172004
Erica Crosby
Division ofMinerals and Geology
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
8iuision at Minerals and Geology
RE: Timnath Pit, Permit No. M-1989-056
Deaz Ms. Crosby:
We received your letter of June 23, 2004, regarding stipulations by the Division placed
by letter of September 23, 1994, referencing the subject permit.
In regard to Stipulation No. I, please find attachment A reflecting agreements with Wyco
Pipeline, now Kaneb Pipeline, AT&T, and North Poudre Irrigation. The setback with
North Poudre is still 200 ft., as we are nowhere near mining that area, and a different
agreement has not been pursued.
In regard to Commitment No. O1, please find attachment B showing groundwater
monitoring wells. The wells placed on Fossil Creek's 9 property (on investment group
represented by Del Brooks) were installed and measurements were recorded quarterly.
Records show the well on their property measured between 84 and 90 inches to water
depending upon the season. Said wells on our property measured between 106 and 108
inches to water depending upon the season. The difference between the wells is probably
due to the fact that the wells on our property are located on slightly elevated, built-up
ground. It should be noted that Fossil Creek 9 property has no irrigation water right and
that Del Brooks was not a farmer.
In 1996, the property was acquired by Dallas Horton, a local cattleman/rancher/land
developer, from which Don Kehn personally has leased the property for raising crops and
cattle grazing, achievable only by furnishing leased water to the site. Horton has
attempted to develop the property for several yeazs and is not concerned about ground
water elevations relative to crop production. Please find attached memo from Dallas
Horton.
6550 So. County Road 5 • Fort Collins, Colorado 80528 • Phone [phone] • FAX [phone]
807 Murray Road • Cheyenne, Wyoming 82007 • Phone [phone] • FAX [phone]