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~ ~- <br />~~TATE OF iii iiuiiiiuiiiiii <br />~OLORADcJ <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimem of Natural Rewurces <br />1311 Sherman SI., Room 215 <br />DIVISION O F <br />Den.-er, Colorado 80203 <br />Phone (303) 1356-356: MINERAL S <br />FA%:1}03)83?-8106 bt <br /> GEOLOGY <br /> 0.EC LAMATION <br /> MINING•SAFETY <br />June 4, 1999 <br /> Bill p..ens <br />Donna Ashbaugh-Hall eovemor <br />P.G. BoX 398 Greg E Walther <br />Evecuove Director <br />Craig, Co 81626 M¢hael B. Long <br /> Dnsion Dnecror <br />RE: Request for Clarification of Correspondence, R e: Wagner Rot k Pit, Permit NM-99-01 8 <br />Dear Ms. Ashbaugh-Hall, <br />The letter is being written to address certain issues raised by your roost recent two letters (received May 24 and June <br />1) to [he Division of Minerals and Geology (DMG) regarding the 1Vagner Rock Pit, Permit ttM-99.018. Any <br />assistance you can give us in clarifying these issues would be appn:ciated. <br />1) The inclusion of [he 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 oce cited in your letter. If you could clarify the <br />source of the map and its scale, we would appreciate i[. <br />?) No plans tar dant structures or diversions inside the permit are a have been approved by DMG. Any diversicns or <br />structures built outside of the permit area would fall under the authority of the Army Corps of Engineers (AWE) <br />or local Flood control district. Any impact upon your water rights from such diversions outside the permit area <br />would be adjudicated 6y the Office of the State Engineer (OSE). Any structures which would be built inside the <br />permit area would require a Technical Revision or an Amendrren[ to the permit, and would required the approval <br />of DMG. <br />3) The question of whether Mr- Wagner was mining on Sunday, tray 23. 1999, is one which should be taken up <br />with the County Planning Department. DMG does not havejur.sdiction over local land use issues, including <br />times of operation, and no such restrictions are written into the State reclamation permit. If the Operator is <br />excavating at times which were 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 at (303) 366-3`67. <br />Sincerely, ~ ~ ~~~ <br />~,i'>-t~v"t~-' ~~S"'>Wr`~ttt-sue <br />Christina Kamnikar, <br />Environmental Protection Specialist <br />Cc: Carl Mount, DMG <br />H. Bruce Humphries. DMG <br />Craig Lis, OSE <br />Cheryl Linden, AGO <br />James II. Simpson, Colorado First Soil Conservation District Pre~;ident <br />James Wagner, Operator <br />Dick and Jane King <br />CERTIFIED MAIL <br />