2016-11-08_PERMIT FILE - M2016030

Home Browse Search

M-2016-030,Response to Adequacy Letter 8 November 2016 Page 8 of 10 revegetated topsoil) have been or can be met to ensure beneficial post-mining use. If there is an owner prepared to take possession and implement a particular use, suitability for that particular use is sufficient to demonstrate eligibility for release from the Reclamation Permit. Based on the unique attributes of the Valley's Edge Resource, particularly its part of and proximity to planned industrial development (see item 9),the M-2016-030 permit should anticipate and accommodate incremental reduction of the reclamation bond and/or incremental release of acreage as it is converted to beneficial post- mining use. 16. The permit application states the applicant is under contract to purchase the subject property and under contract for access rights from the current owners and expects to complete these transactions prior to establishing commercial mining activities. Rule 6.3.7 states the basis for legal right of entry to the site and to conduct mining and reclamation may be a copy of access lease, deed, abstract of title, or a current tax receipt. A signed statement by the Landowner and acknowledged by a Notary Public stating the Operator/Applicant has legal right to enter and mine is also acceptable. Please submit an acceptable form of legal right to enter pursuant to Rule 6.4.14. On September 22, 2016, the Applicant purchased the subject property to be mined. The deed (Weld Co. Recording No.4239191) is attached for your reference. 17. Please update Exhibit O to indicate the current owner of record of the affected land(surface land)and owner of substance to be mined. The Applicant/Operator acquired fee title ownership to the surface land, including the substance to be mined, on September 22, 2016 (see item 16, above). This circumstance is accurately described in Exhibit O, though the date of closing was unknown at the time originally submitted. 18. Please provide an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the Weld County Clerk and Recorder for public review,pursuant to Subparagraph 1.6.2(1)(c). The Applicant/Operator filed a copy of this adequacy response letter, with attachments, at the Weld County Clerk and Recorder immediately prior to delivery of the document to the Division. A receipt of the filing, signed by the Weld County Clerk and Recorder's office, is included as an attachment. 19. Please provide the Division with copies of the notarized structure agreements with all owners of the structures on and within 200 feet of the affected area of the proposed mine site. The Division's adequacy letter prefaces this comment with a recitation of Rule 6.4.19. Following that Rule, an applicant has three options for addressing the potential for adverse effects of mining and reclamation activities on any structure within 200 feet of affected land. Specifically, the structure owner and operator may reach a written agreement concerning compensation for damage; or, if no agreement can be reached, the applicant may provide a geotechnical slope stability study to establish that the operation will not adversely affect a structure; or, in the case of utilities,the structure owner may provide a "no negative effect" certification. The Applicant has complied with Rule 6.4.19, contacting structure owners with an offer to compensate the owner in the case of damage, in some cases reaching agreement, and providing the attached geotechnical study to demonstrate the acceptable safety level of slopes within 200 feet of affected structures.