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~~~ •• iii iiiiiiiiiiiiiiii ~• <br />„t` STATE OF COLO1Zf~D0 <br />DIVISION OF MINERALS AND GEOLOGY <br />D?parlmenl of ~Vamral Resources <br />1 3 7 3 $hermdn $L, Room '_ l i <br />Denver, Colorado 8U?0; D i v I S I o u o f <br />Fn°ne~ coJl aae-~sb~ MINERAL S <br />Fn.>;~. i3U31 H3?-Blot, & <br />GEOLOGY <br />January 19, 2001 MENING SAFEOY <br />Michael Refer BIII Owenc <br />CAMAS Colorado, Inc. e°°e'"°' <br />3605 South Teller Street ereg E. w,lcner <br />Erecuuve Ortea°r <br />Lakewood, CO 80235 <br />AGChaclO Long <br />Dmisbn Dlreclor <br />RE: Dahlia North Resources Pit; Permit No. M-94-093 <br />Permit Amendment 002; Interconnect Pipeline behveen Water Storage Facilities <br />Dear Mr. Refer, <br />The Division deemed the Permit Amendment 002 ("AM-2") for the Dahlia North Resources Pit, <br />Permit No. M-94-093 complete for purposes of filing on January I I, 2001. The revision is to modify <br />the water storage facility by constructing an interconnecting pipeline between the Flanagan Dahlia <br />Pit (Permit No. M-89-066) through Eas[ 88a' Avenue to the Dahlia North Resources Pit. <br />The Division has the following items [hat need to be addressed prior to approval of the permit <br />amendment; <br />Rule 6.3.7 Source of Legal Right-to-Enter <br />As noted in the Division's letter of January l2.2001,the Division reviewed the License Agreement <br />between the City of Commerce City and the City of Thornton to determine compliance with Rule 6.3.7 <br />regarding the operator's legal right of entry [o construct the pipeline across 88`s Avenue. The Attorney <br />General's Oftce provided advice on how to comply with the requirements in the January i2, 2001 letter. <br />In addition, the Attorney General's Office provided additional options in a letter addressed [o Dennis <br />Hansen, Assistant Ciry Attorney for the City of Thomton on January 18, 2001. Please see attached letter <br />for further detail. <br />The operator will need to comply with one of the options outlined in the January 18, 2001 letter <br />in order to meet the requirements necessary for the Division to approve the legal right of entry <br />and permanent man made structures associated with 88`s Avenue owned by Commerce City. <br />Rule 6.4.19 Permanent Man Made Structures <br />Where the mining operation will adversely affect the stability of any significant, valuable or <br />permanent man-made structure located within 200 feet ofthe affected land, the applicant may <br />either provide a notarized agreement between [he applicant and [he owner of the structure that the <br />applicant is to provide compensation for any damage [o the structure or provide an engineering <br />evaluation demonstrating that the structure will not be damaged by mining activities. <br />Affected land is defined by Rule I .I (3) as, "...the surface of an area within the state where a <br />mining operation is being or will be conducted, which surface is disturbed as a result of such <br />operation." Urtder this definition, only structures within 200 of the affected land (or surface <br />