1979-02-06_PERMIT FILE - M1978352

Home Browse Search

Alined Land Reclamation Division February 6, 1979 Page 2 (2) That good engineering practices be followed to ensure that Brush Creek and Eagle River Co./Nottingham's operations do not in any way endanger, impair or weaken our right of way in any manner or folmi. (3) That no vehicles or personnel of Brush Creel. and Eagle River Co./ Nottingham's or any other coupany or individuals working for Brush Creel,/Nottingham on the proposed muting operation be allowed to enter upon or cross our right of way except at established protected Public crossings. Type of protection to be determined by the Colorado Public Utilities Commission. Subsequently, an attorney for Brush Creel,/Nottin�hatn, Mr. Terrence Quinn, expressed concern about the restriction .of traffic routing to public crossings. He pointed out to us, of which we were aware, that there is a private crossing in the area in question , adnich lie stated appears to have been rn use for decades and that lie presumed that our concern was that no other crossings be established, and that traffic be limited to that particular crossing. We advised Mr. Quinn that his presunnption was not correct. 1Jhen we set forth the condition "That no vehicles or personnel of Brush Creek and Eagle River Co./Nottingham's or any other company or individuals working for Brush Creek and Eagle River Co./Nottingham on the proposed mining operation be allowed to enter upon or cross our right of way except at established public crossings. Type of protection to be determined by the Colorado Public tU ilities Co m fission", we did not and do not intend this stipulation to mean established or private crossings. I. advised him, however, that if he felt the use of the private crossing in question is necessary to Brush Creel: and Eagle River Co./Nottingham's operation, we will consider the possibility of its use provided that the following conditions are met: 1). That our standard private way license agreement has been executed by both parties (BC&ERC/N and D&RCW RR) . 2). That the private crossing in question will be upgraded at Brush Creel, and Ea.-lc River Co./Nottingham's expense. 3). That protective devices, type of which to be deLernuned by the Colorado Public Utilities Comnission, will be installed at the crossing at Brush Creel. and Eagle River Co./Nottingham's expense. Mr. Quinn then asked our Company, or. behalf of Brush Creek and Eagle River Co./ Nottingham to advise specifically what kind of protective devices and upgrading would be necessary for this crossing and the expected cost of same. We then advised Mr. Quinn, by letter dated January_4, 1978, a copy of which is.enclosed for your record, what type of protective devices and upgrading would be needed at the crossing in question.