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x, <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SI., Room 215 <br />Denver, Colorado 80207 <br />Phone: 1303) 856-3557 <br />FAx~ ISO3) 832-8105 <br />April 25, 2000 <br />Mr. Joe Cagliano <br />Barnhart Agency,(nc. <br />212 W. 13'" St. <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NIN G•SAFETY <br />Rat owe~~ <br />Governor <br />Greg E. Walther <br />EvecuUVe D'vecror <br />Pueblo, CO 81003 <br />M2hael B. long <br />Division Dvecmr <br />RE: Broken Spear Pi[ (File M-2000-050) Results of adequacy review of 110 permit application <br />Dear Mr. Gagliano: <br />The Division has reviewed the permit application for the Broken Spear Pit (File M-2000-050) and has identified the <br />following adequacy concerns: <br />NOTICES (Rule 1.6.2): The application contains evidence that notices of the application have been sent to <br />the Lincoln County Board of Commissioners and the Board of Supervisors of the High Plains Soil Conservation <br />District. There is also evidence that the required notice of the proposed mine has been posted a[ the mine site and <br />that a copy of the application has been filed with the Lincoln County Clerk. Although there is some question about <br />the proximity of the pi[ [o property owned by other than the applicants (See issues identified under Exhibits A and <br />E.), there is no evidence in the application that notices of the application have been sent to all possible owners of <br />record of surface lands within 200 feet of the permit/affected land boundary. The Division has been advised that <br />there will be some delay in the publication of the newspaper notice which the Division agrees is appropriate. Such a <br />delay will, however, extend the end of the 10-day comment period but possibly not the current decision date of <br />May 12, 2000. <br />Prior to the May 12. 2000 decision date for the application, the Division must be provided with evidence <br />of the receipt of notices of the application by Lincoln County, the High Plains Soil Conservation District, by any <br />owner of record (other than the Allens) of surface land within 200 feet of the permit affected land boundary as well <br />as evidence of the publication of [he newspaper notice of the application. <br />PERFORMANCE AND FWANCIAL WARRANTIES: Although approval of the permit application may <br />be secured without submittal of acceptable performance and financial warranties, a reclamation permit cannot be <br />issued without such instruments being in place. Neither a performance warranty nor a financial warranty were <br />submitted with the permit application for the proposed Broken Spear Pit. <br />A blank performance warranty form is attached to this review for your use. Since the estimated $9,671.00 <br />cost of reclamation included in the application is acceptable to the Division, please notify the Division the type of <br />financial warranty intended to be used and [he Division will send you the proper form(s). <br />EXHIBIT A (Rule 6.3.1 (2)): Although the Exhibit E-Mining Plan Map indicates that the Allens own the <br />property "all around the pit", this does not clearly eliminate the possibility that there still may be adjacent owners of <br />record of surface land within 200 fee[ of the permit/affected land boundary. According to the copy of the deed <br />supplied in Exhibit G, the Allens own only the NW '/. and SE'/. of Section 7 and the permit area represented on the <br />Exhibit A and Exhibit E maps is very close to or may even extend into the NE'/. SW '/. of the section. It is the <br />Division's opinion that the boundary between the NW'/. and SW'/. would be marked, as is the usual case, by an <br />EW line extending from the center of the section marked by the large figure 7 and not the line identified as UTM <br />4368000N. (Please also see discussion under Exhibit E.) <br />There are a number of complications and requirements that may be involved here. To begin with, please <br />indicate if the proposed permit area is intended to be limited to the SE'/a MV '/a of Section 7 and, if so, indicate if it <br />lies over 200 feet from the boundary with the SW 'b of Section 7, i.e. that the Allens own all the property within <br />^T A T>^ -^r COLORADO <br />III IIIIIIIIIIIII III <br />999 / ~' <br />