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<br />
<br />March 3, 2008
<br />Mr. Joseph Dudash
<br />Environmental Protection Specialist
<br />Division of Reclamation, Mining and Safety
<br />Department of Natural Resources MA? '? ZD?a
<br />1313 Sherman St., Room 215 amapfl.
<br />t Recd
<br />Denver, CO 80203 pwision O
<br />Mining and Safety
<br />Dear Mr. Dudash:
<br />This letter is in response to your letter dated February 13, 2008 referring to Bowie No.2 Mine (Permit
<br />No. C-1996-083) and Permit Revision Application No. (PR-11). From the perspective of Terror Ditch
<br />and Reservoir Company, the risks due to subsidence effects under Permit Revision Application No.
<br />(PR-11) are identical to those under Permit Revision Application No. (PR-10), which are in turn
<br />identical to those raised during the initial Environmental Impact Statement for the Iron-Point and Elk
<br />Creek Lease Tracts in 1999. The geology remains unchanged, the mining technology remains
<br />unchanged, the hydrology remains unchanged, and the recipients of the economic benefits due to
<br />mining remain unchanged. Therefore, consistent with its previous communications, Terror Ditch and
<br />Reservoir Company remains strongly opposed to any subsurface mining within one mile of our dam,
<br />reservoir, and associated spillways and structures. The text of our May 2, 2006 response to PR-10, with
<br />appropriate updates is presented following:
<br />As was clearly delineated in our November 1, 1999 response to the original Environmental Impact
<br />Statement and in our May 6, 2006 Response to PR-10, the proposed mining activities carry significant
<br />risk of damage to, and failure of, our dam, reservoir, and associated spillways and structures. Such
<br />damage, or failure will almost certainly result in property damage by direct loss due to loss of irrigation
<br />water, by direct loss due to damage to impoundment or conveyance structures, or by direct loss due to
<br />flooding. Further, the State of Colorado dam classification system indicates that loss of life is also
<br />possible.
<br />In the intervening time between the original EIS, PR-10, and the current proposal, several geo-
<br />technical devices have been installed in the area of concern surrounding the Terror Creek Reservoir.
<br />While Terror Ditch and Reservoir Company greatly appreciates the information that these devices
<br />generate and the perseverance with which Bowie Resource Limited maintains and operates them, they
<br />have, as yet, in no way reduced the risks, nor have they improved the knowledge base upon which
<br />sound decisions can be made. Attempts to argue that these devices allow "early warning" of
<br />disturbances due to mining operations rest on the assumption that the energy from these disturbances is
<br />smoothly transmitted through, and attenuated by, the surrounding geology. Further, such arguments
<br />assume that no catastrophic seismic event, resulting in much greater disturbance than anticipated, is
<br />triggered. There is no on-site, pertinent data to support such an argument.
<br />As with all ditch companies, Terror Ditch and Reservoir Company, by the very nature of the collection,
<br />impoundment and distribution of irrigation water, faces risks of structure damage, loss of water,
<br />insufficient water, etc., due to natural and unavoidable causes. Ditch Companies throughout Colorado
<br />manage their affairs so as to eliminate, minimize and mitigate the consequences of these naturally-
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