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'~ <br />December?, 2000 <br />INTEROFFICE MEMORANDUM <br />TO: Berhan Keffelew, DMG <br />FROM: Cheryl A. Linden, AG's Office <br />RE : Daniels Sand Pit -structures <br />You have asked for my advice concerning your regulatory obligations regazding man- <br />made structures that have been placed in the permit azea after the permit has been issued. It is <br />my understanding from the documents you have givrn me that after the permit was issued to <br />Transit Mix Concrete Company ("Transit Mix's, Schlage Lock Company entered into an <br />agreement with the Transit Mix to implement a water treatment program in the permit azea. 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 that <br />Schlage builds will ultimately be removed from the site and the land reclaimed once Schlage <br />completes its water treatment program. So these struMUres aze not intended to be pPm.anPnt. In <br />addition, the agreement allows the operator to request Schlage to relocate structures if the <br />operator wants to use the property. Although the agreement does not refer to mining as a use of <br />the property, l 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 Boazd can deny a permit if the proposed mining operation will adversely affect man- <br />made structures within 200 feet of the proposed affected azea unless a damage compensation <br />agreement is rrached between the prospective operator and the owner of the structure, or the <br />applicant submits an rngiaeeting analysis to show that the structure will not be damaged by the <br />mitring operation. This provision is 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 />structures built by Schlage. In addition, according to the agreement between the operator and <br />Schlage, nay structures Schlage builds are not intended to be permanent structures. Thos, I 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 />LO'd L?~£? G0, L oaQ 8S5£998£0£:xP~ <br />