PERMFILE66331

• Permit No: M2000158
• IBM Index Class Name: Permit File
• Doc Date: 2/22/2001
• Doc Name: Adequacy Review
• Media Type: D
• Archive: No

Rule 6.4.14 Exhibit N- Source of Leeal Right to Enter
35. Please be aware that easement holders of property throughout the permit area need to meet the same
requirements as the surface owners. Specifically, easement holders need to be identified on a Map,
provide documentation of legal right of entry into the easement property, and notify all easement
holders within 200 feet of the affected azea of the mining and reclamation activity.
36. The Division received two letters from easement holders regarding the proposed operation from
Patina Oil & Gas Corporation and from HS Resources, Inc. Please respond to the concerns noted in
the two letters and submit documentation regazding the applicant's legal right to enter and mine
through the easements.
Rule 6.4.19 Exhibit S- Permanent Man-Made Structures
/37. The Division received a letter from the Colorado Historical Society stating that two sites, SWL870
and SWL814 are located within the boundaries of the proposed gravel pit, and one is in the process
of being listed on the State Register of Historic Places. Please address how these structures will be
protected from the mining and reclamation plan as required by Rule 6.4.19.
38. The application in Exhibits D and E describes setbacks from property boundaries and structures,
particulazly gas/oil wells and pipelines. However, in Exhibit S the application states that no mining
will occur within 200 feet of any structures until the Applicant demonstrates that mining will not
affect them or until an agreement is reached with owners of structures to allow mining within 200
feet. If agreements aze forged with persons having an interest in the structures, and the agreements
are drafted in the format required by Rule 6.4.19 and Section 34-32.5-115(4)(e), C.R.S., the
Division's concerns will be satisfied and the setbacks specified in the agreements will be approved.
If agreements cannot be reached with persons having an interest in the structures, Rule 6.4.19
provides the option for the Applicant to prepaze an engineering evaluation demonstrating that the
proposed mine plan will be protective of the structures. The application states that the depth of
mining will be on the order of 45 feet and up to 60 feet. Where setbacks are discussed, a distance of
25 feet from gas/oil wells and pipelines is specified. If actual dredge mining or conventional mining
were to occur up to a 25-foot setback line with a near vertical 4~ to 60 foot mine face, the integrity
of the structure to be protected would be threatened. The Division will not accept a 25-foot setback
from the mining face to critical structures for a pit depth of 45 to 60 feet unless an acceptable
engineering demonstration of stability is provided. The application appears to address this issue in
Exhibit D where it is stated that:
When a dredge is used the native materials tend to sluff off the banks and asszzme an angle of
repose oJ2% h to Iv. This happens because the material in this area is unconsolidated and
vertical slopes can not be maintained as mining occzzrs. This means that to maintain a setback of
100 jeer when the gravel is 60 feet thick that mining line has to be no less than 7~ feet inside the
setback lines to allow for the sloughing.