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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 1, 2007 I/ <br />Barbara Dewsnup~ <br />761 1550 Road <br />~~~1~~ \~ <br />COLORADO <br />DIVISION O E <br />RECI.AMAr1oN <br />((~~ AA MINING <br />~~`°'~l~~® SAFETY <br />A(1G O r) LQQ/ Bill Owens <br />D+v~sron of Ne°la Governor <br />Mtning and f°ation Russell George <br />Safety ' <br />Executive Director <br />Ronald W. Cattany <br />Division DIrQCtOr <br />Natural Resource Trustee <br />Delta, Colorado 81416 <br />;/ ~ <br />Re: Deakins Pit, Permit No. M-2001-060, Letter of Findings, Off-Site Impact Complaint. <br />Dear Mrs. Dewsnup: <br />The Division of Reclamation, Mining and Safety received your correspondence regarding possible off site <br />impacts to your property in Craig, Colorado due to activities at the above referenced permitted site on <br />December 11 t", 2006. The Division issued a Weather Letter on January 3rd, 2007 due to deep snow cover <br />and inclement weather. Weather conditions did not improve until April and scheduling conflicts pushed the <br />inspection of the area out to June 20t", 2007. In your letter you stated that the operator of the Deakins Pit had <br />caused damage to your property by creating an erosional feature from flood waters and requested a forma] <br />review and response from the Division. <br />The Division forwarded your complaint to the operator of the Deakins Pit in December and requested a <br />response prior to an onsite inspection. Mr. Steve Baker from 3 B Enterprises supplied the Division with <br />information and his opinion as to the source of the impact that affected both his operation and your property. <br />In order to complete an analysis of the situation the Division set up an inspection of the Deakins Pit, the <br />Bunn Ranch Pit and an on site visit with you personally on June 20t", 2007. Along with those site visits, the <br />Division did an aerial survey of the area in July. Staff also requested that all parties submit any additional <br />information by July 20t" that may help in the analysis of which none was received. <br />Based on the information and data gathered the Division finds that the Deakins Pit and its operator are not at <br />fault for the erosion features on your lands. Staff investigation also finds that there appears to be no director <br />indirect activities from the operators of the Bunn Ranch Pit that caused harm either. The Division's analysis <br />is that it appears the flood caused by rapid spring run-off overwhelmed the measures to control all flows and <br />lead to impacts on your property, the mentioned operators and all landowners from where the Ana Branch <br />originates to where it reconnects to the main Yampa River channel. These findings are based on the <br />following information supplied and observed on site. <br />1) Observed erosional features indicate that water flowed from your property onto the adjacent Deakins <br />Pit permit area. Therefore, it appears your property may have impacted 3 B Enterprises and not as <br />you are under the impression of in your letter. <br />2) Two 18 inch culverts that run from south to north under the railroad discharge directly onto your <br />land. During the flood event that impacted your property 3 B personnel attempted to cap the culverts <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />