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<br />~ ., <br />~I I I I~ I I~ I I~ II~~ ~~~ <br />~ RECEIVED <br />DEC 012000 <br />December 7, 2000 <br />TO: <br />FROM <br />RE: <br />Division of Minerals and Geology <br />INTEROFFICE MEMORANDUM <br />Berhan Keffelew, DMG <br />Cheryl A. Linden, AG's Office ~~- <br />Daniels Sand Pit -structures <br />You have asked for my advice concerning your regulatory obligations regarding man- <br />made structures that have been placed itt the permit area after the permit has been issued. It is <br />my understanding from the documents yoti have given me that after the permit was issued to <br />Transit Mix Concrete Company ("Transit Mix"), Schlage Lock Company entered into an <br />agreement with [he Transit Mix to implement a water treatment program in the permit area. This <br />program would entail drilling wells to take water samples and building some structures in the <br />permit azea to conduct water treatment. <br />The agreement between the Transit Mix and Schlage makes cleaz that any structures [hat <br />Schlage builds will ultimately be removed from the site and the land reclaimed once Schlage <br />completes its water treatment program. So these structures aze not intended to be permanent. In <br />addition, the agreement allows rite operator to request Schlage to relocate s[nictures if the <br />operator wants to use the property. Although the agreement does not refer to mining as a use of <br />the property, I assume it is evident from on-the-ground conditions that this property is being used <br />as a mining operation. <br />The applicable regulatory provisions aze as follows. Under § 34-32.5-115(4)(e), the <br />Division or Board can deny a permit if the proposed mining operation will adversely affect man- <br />made structures within 200 feet of the proposed affected area unless a damage compensation <br />agreement is reached between the prospective operator and the owner of the structure, or [he <br />applicant submits an engineering analysis to show that rite structure will not be damaged by the <br />mining operation. This provision in the statute applies to structures which exist at the time of the <br />Division or Board is considering whether to grant a permit application and only applies to <br />significant, valuable and permanent man-made structures. <br />In the present matter, at the time the permit was issued, there were no man-made <br />stntctures built by Schlage. In addition, according [o the agreement between the operator and <br />Schlage, any structures Schlage builds are not intended to be permanent structures. Thus, [ do <br />not think the requirements of § 34-32.5-115(4)(e) apply to these structures, i.e., a damage <br />compensation agreement or an engineering analysis. However, other regulatory provisions <br />require the operator to revise its permit to show the presence of structures on the mine site, show <br />