PERMFILE57307

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 2/28/2002
• Doc Name: Response to Objection Letter
• From: DMG
• To: Joel and Margaret Wehking
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Februazy 28, 2002
Joel and Margaret Wehking
1409 Matukat Rd
Lake George, CO. 80827
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SA FETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Michael B. long
Division Director
Re: DMG and Rubeck Response to Objection Letter, Topaz Mountain Gem Mine, File No. M-
2002-003
Deaz Joel & Mazgaret Wehking:
The Division of Minerals and Geology (DMG) received a response to your objection letter from
the applicant, Walter Rubeck. Enclosed is a copy (with attachments) of his response.
The DMG is limited by Colorado statutes regazding vazious land use issues. In most instances,
land use issues aze governed by County zoning and the DMG does not have any input into the
land use process. You should understand, the DMG does not issue a mining permit (giving
permission to extract a mineral from lands in Colorado). The permit that this agency issues is a
reclamation permit. If an entity, or an individual, has a right to extract a mineral from lands in
Colorado, and plans to conduct mining activities on those lands, the entity or individual must
obtain a reclamation permit from the DMG which will delineate how the disturbed azea will be
reclaimed once mining ceases.
Aesthetic values, scenic values, property values, truck traffic, noise, hours of operations and dust
conditions aze generally regulated by local zoning laws or, in this instance, possibly by the U.S.
Forest Service which manages the National Forest System (NFS).
Water rights issues are regulated by the -Office of the State Engineer. Mr. Rubeck must comply
with Colorado water laws. Water quality is regulated by two different agencies; groundwater by
the DMG and surface water by the Department of Health, Water Quality Control Division.
You asked if "some sort of adverse environmental interference at the water's source(s) has
contributed to this impact?" Referring to, what you claim, was a significant drop in surface flow
in the stream that flows through your meadow. A drop in surface flow could have resulted for a
variety of reasons. Drought, of course, is usually the main reason for lower stream flows. Low
snow pack is another reason for low stream flows. Higher useage from irrigated farm lands can
reduce stream flows. Fewer precipitation events during the spring and summer can lower stream