2019-02-19_REVISION - M2011014 - Laserfiche WebLink

Home Browse Search

DALE AND ELLEN SCHMIDT 472 Meadows Drive Pagosa Springs, CO 81147 (970) 946-6262 28'h December, 2018 Sue Smith Moak 425 River Run Drive Property Address: 425 River Run Drive Pagosa Springs, CO 81 147 VIA CERTIFIED MAIL Dear Neighbor. Dale and Ellen Schmidt are in the process of making a technical revision (TR) to the permit M2011- 014, issued by the Colorado Division of Reclamation, Mining, and Safety (DRMS) for their activities at their property at 355 River Run Drive (the Schmidt Site). County records indicate that you may have a "significant, valuable and permanent man-made structure" located within two-hundred (200) feet of the Schmidt Site. You or a previous owner of your property near the Schmidt Site was contacted previously (during the 2011-2014 period) and requested to enter into a Structure Agreement. This is an additional request, as part of the TR process, to again request an agreement between the Schmidts and you regarding any of the above structures you may have on your property. DRMS (in accordance with state law) requires that where a mining operation will adversely affect the stability of any significant,valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility,the Applicant may supply a notarized letter,on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have ,.no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) A blank copy of this proposed agreement (2 pages) is attached. Please note that you are NOT REQUIRED by any law to enter into this agreement. We do ask you the favor of stating in writing that you do not wish to enter into an agreement, by checking the box below. ❑ The owner does not wish to enter into a Structure Agreement with Dale and Ellen Schmidt. Date Signature or Initials Please return a copy of this to Dale and Ellen at 472 Meadows Drive or by scanning and email to If you are willing to enter into a Structure Agreement,please continue and do the following:On the next page,there is a list of the structures. We have identified those which we believe meet the above criteria and are located within 200 feet of the Schmidt Site. Please let us know if this is correct.If it is not, please tell us specifically what needs to be corrected. We will use this list (with any corrections that you provide) to complete the Structure Agreement,sign and notarize it, and return it to you for your signature and notary. Notice that there is provision on the agreement form to add specific notes and requirements.