Laserfiche WebLink
(landowner) and OSM were contacted about the inspection but were unable to attend. Mike Moore <br />(landowner) was unable to attend the scheduled meeting and was met separately on August 18, 2016. All <br />parties were notified of the inspection by phone call and certified mail. <br />The inspection began with a meeting at the mine office to explain the bonding and bond release process. <br />It was discussed that SL -19 is requesting Phase III bond release, which is the final bond release, and the <br />Division will terminate its jurisdiction for the requested acres. An offer was extended to the group to <br />attend the field inspection for each property. The group declined to attend the field inspection. Mr. Ferris <br />(ERMR) attended the field inspection. The results of the field inspection are recorded in the August 16, <br />2016 inspection report. <br />Written comments and/or objections were submitted by GW46 and Elmer Burbridge. The issues raised <br />by each commenter are discussed in further detail below. Also included is the Division's response. <br />Jim Guire of GW46 submitted comments during the SL -19 bond release inspection on August 16, 2016. <br />The letter contained 7 items which are copied below, followed by the DRMS response in italics. <br />Meander Ditch (Ditch No. 209, Case No. 4641, Priority No.'s 267 & 314) has been removed <br />and has to be reinstalled by the mine (4.05) & (4.16). <br />The New Horizon 2 Mine (NH2) was permitted to mine through (disturb) the area north of <br />Calamity Draw with the approval of PR -2 in 1989. A description of the existing premining <br />conditions were documented in the PR -2 application as required by Rule 2.04.3 and vetted <br />during the public comment period as required by Rule 2.07. A review of the premining <br />conditions, as documented in the permit, does not indicate that the Meander Ditch existed on <br />the north side of Calamity Draw in 1989. No evidence exists in the permit indicating that <br />ERMR removed or disturbed, in any manner, the Meander Ditch. <br />A decree of the District Court in and for Water Division No. 4 State of Colorado No. W-747 <br />filed on December 12, 1972 states that the Meander Ditch (Ditch #209) and its associated <br />diversion point is on the south side of Calamity Draw. A diversion point on the north side of <br />Calamity Draw may have existed at one time, but the decree states that "the legal description <br />of the diversion point is erroneous in the original decree" and the only legal diversion point <br />is on the south side. A request to seek "clarification " of the 1972 decree was submitted by <br />GW46 to the Water District 4 Court on July 10, 2017. The "motion to clarify" was denied on <br />October 17, 2017 by the District Court Judge. <br />For the two reasons stated, it is not within DRMS's jurisdiction to require that ERMR <br />reinstall the Meander Ditch. <br />2. Noxious weeds need to be eradicated by the mine (4.15). <br />The tamarisk and Russian olive trees were removed from the banks of Pond 007. The Russian <br />knap weed around the Pond 007 topsoil stockpile was noted in the Aug 16, 2016 inspection <br />report and has been treated by ERMR. <br />New Horizon Mine SL -19 <br />Page 8 <br />