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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depannu•nl of Natural Reoources <br />131.1 Sherman 51.. Room 215 <br />Denver. Colorado BO203 <br />Phone: (303) 866-3567 <br />FAX: 003) 832-8106 <br />Junc A, 1999 <br />Donna Ashbaugh-Hall <br />P.O. BoX 398 <br />Craig, Co 81626 <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />REC LA h1A710N <br />MI NING•SAFETY <br />hill Owens <br />Guverna <br />Creg E. Watcher <br />Eseculive Direao, <br />Michael B. Long <br />Divivnn Director <br />RE: Request for Clarification of Corzespondence, Re: Wagner Rock Pit, Permit #M-99-018 <br />Dear Ms. Ashbaugh-Hall, <br />The letter is being written to address certain issues raised by your most recent two letters (received May 24 and June <br />I) to the Division of Minerals and Geology (DMG) regarding the rVagner Rock Pit, Permit tIM-99-018. Any <br />assistance you can give us in clarifying these issues would be appreciated. <br />1) The inclusion of the map showing the locations of the site and the spring is helpful in getting a better picture of <br />site conditions, however, there is no scale on the map nor is one cited in your letter. If you could clarify the <br />source of the map and its scale, we would appreciate it. <br />2) No plans for dam structures or diversions inside the permit area have been approved by DMG. Any diversions o; <br />structures built outside of the permit area would fall under thr: authority of the Army Corps aF Engineers (ALOE) <br />or local flood control district. Any impact upon your water ri;;hts from such diversions outside the permit area <br />would be adjudicated by the Office of the State Eneineer (O£E). Any structures which would be built inside the <br />permit area would require a Technical Revision or an Amendment to the permit, and would required the approval <br />of DMG. <br />3) The question of whether Mr. Wagner was mining on Sunday. May 23, 1999, is one which should be taken up <br />with the County Planning Department. DMG does not have j ~risdiction over local land use issues, including <br />times of operation, and no such restrictions are written into the Slate reclamation permit. If the Operator is <br />excavating at times which wire prohibited under his County permit, he may be subject to the authority of the <br />County. <br />If you have any further questions, please contact me al (303) 866 3567. <br />Sincerely, <br />n~~ <br />~~~ ~ <br />Christina Kamnikar, <br />Environmental Protection Specialist <br />Cc: Carl Mount, DMG <br />H. Bruce Humphries. DMG <br />Cram Lis. OSE <br />Cheryl Linden, AGO <br />lames IL Simpson, Colorado First Soil Conservation District President <br />James Wagner, Operator <br />Dick and lane King <br />CERTIFiEDMAIL _z y~; I (ti, 1+'C~ <br />~~~~-T~, OF COLORADO <br />III IIIIIII~IIIIIIIII L~ <br />