2019-01-04_REVISION - M1994117 (3)

Home Browse Search

30) Please provide demonstration that structure agreements have been attempted with all owners of permanent, man-made structures located on or within 200 feet of the affected land in accordance with Rule 6.3.12(a) and (c). Demonstration may be in the form of return receipts for Certified Mailing(or proof of hand delivery) and copies of the structure agreements that were sent to each structure owner. CMC Response: Structure Agreements were hand delivered to Excel Energy and the Boulder County Transportation Department. CMC does not believe that the proposed infrastructure at the Left Hand Creek Pump Station poses any adverse damage potential with respect to the three wooden frame structures that are located on the Mammoth Millsite. The nature of the proposed operations is limited to that normally associated with a small diameter, segmented waterline. No mining operations are proposed along the entire length of the Gold Hill Mill Waterline. There will not even be any excavation at the lower end of the Pipeline, because the Pump Station will be connected with a high pressure rubber hose to the intake that will be inserted in Left Hand Creek to draw water from the creek. The three wooden frame structures on the Mammoth Millsite will not be subjected to shock waves or vibration from the pumping operations, and there is no potential for subsidence since no underground mining operations are ever going to occur in this location. There will be no significant disturbance of the land surface with the installation and removal of the pipeline and the Pump Station because all of the pipe will be set on the ground without the need for any excavation with a backhoe or front end loader. The nearest structure on the Mammoth Millsite is approximately one (100) hundred feet from the two (2) inch pipeline, and approximately two (200) hundred feet from the new proposed location of the Pump Station which will house the Bean pump and the generator in an insulated metal conex. The closest power pole is approximately one (100) hundred feet from the pipeline and nearly two (200) hundred feet from the Pump Station. The relatively insignificant volume of water that can be maintained within a given segment of the Pipeline (due to the line being equipped with check valves every one (1,000) thousand feet and the Bean pump having an automatic shut-off pressure control mechanism) really limits the amount of water that can escape from the Gold Hill Mill Waterline. The four man-made structures that are located on the Eureka Millsite are covered by a permanent Easement for a Water Line between the owners of the property and CMC which grants access for the purposes of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using, and operating a Water Line, including the right of ingress and egress for any of these purposes. Gene L. Sapp and Dene F. Sapp granted this Easement on September 24, 2015 to the Colorado Milling Company, LLC. This Water Line easement includes language that requires CMC to restore the real property of the owners of the Eureka Millsite to "as nearly as reasonably possible to its condition prior to any material disturbance from the construction, operation, maintenance, repair, or replacement of the Water Line." A copy of this Easement for the Waterline and Access is attached to this Response Letter. 31) The operator's response to item no. 46 does not address potential impacts to Sunshine Canyon Drive from utilization of the Times Mine for water conveyance and storage. Given the operator's activities in the Times Mine adit which led to Violation No. MV-2017-036, it is 15