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I'll-MY-11-2009 13:53 3032988748 P.01i14 <br />J? <br />HCC"NE BffCH "B 9M YOU11 ? COMPA <br />375STSTRMT <br />BEffift, CO 460206 <br />May 11, 2009 <br />Mr. Tony Waldron <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Suite 215 <br />Denver, CO 80203 <br />Re, DRMS File No, M-1'987-049 <br />Bromley Lakes Pit <br />Amendment Application Submittal AM-002 <br />Dear Mr. Waldron. <br />This letter is to notify you of the ob'ect t of the McCann Ditch and Reservoir <br />Company to the pending application for a Section 112 mining permit by Ready Mixed Concrete <br />Company ("Ready Mixed"). The McCanne Ditch and. Reservoir Company has operated an <br />irrigation ditch which runs through the proposed permit expansion area and adjacent to the <br />existing permit area for Bromley Lakes Pit for over a century. <br />Initially I should note that we did not receive notice of the filing of this application in <br />March 2009 and only received a copy when the Applicant's counsel emailed a copy of the <br />Application to our attorney on Wednesday, May 6, 2009. Because of our ditch cleaning <br />activities, we had heard that an amendment was in the works, but did not actually know that one <br />had been filed until a week before the comment deadline. <br />Even though Ready Mixed is well aware of the existence of this ditch, it is not identified <br />as a "owner of record" on Exhibit C-1. While the ditch is not labeled, it is clearly visible in the <br />aerial photo, which is Exhibit C-2, since it drains the entire permitted area. The McCanne Ditch <br />is a man-made structure that is located within the area to be mined. Enclosed is a color aerial <br />photo I obtained from Ready Mixed which much more clearly delineates the ditch. <br />While I am not an engineer, nor have I had an opportunity to yet consult with one, but it <br />seems that allowing sealed water storage on both the east and west sides of the McCann Ditch <br />will necessarily eliminate the historic supply of groundwater for this seepage ditch. The