REV96949

• Permit No: M1979158
• IBM Index Class Name: Revision
• Doc Date: 11/29/2000
• Doc Name: MEMO SUCCESSION OF OPERATOR AND TRANSFER OF PERMIT COLO CITY DEVELOPMENT CO TO COLO CITY METROPOLITA
• From: DMG
• To: FILE
• Type & Sequence: SO1
• Media Type: D
• Archive: No

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STATE OF COLORAhV
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver. Colorado b0203
Phone [phone]
FAR: [phone]
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MI NING•SAFETY
November 29, 2000
Memo To: File No. M-1979-158
Bill Owens
Governor
Cneg E. Walther
Executive Director
From: Larry D. Oehler Michael B. Lung
Division Dneaor
Re: Succession of Operator and transfer of Permit Colorado City Development Company to
Colorado City Metropolitan District Permit No. M-1979-158
During a February 3, 2000 inspection, the Division realized that Colorado City Metropolitan District
assumed this permit without legally transferring to it and succeeding Colorado City Development
Company as operator of the gravel pit. The corrective action for this problem required CCMD [o
provide the Division with copies of legal documents showing that CCMD became the owner of the
Mountain Shadow Gravel Pit including surface land ownership and owner of the subsurface mineral
resources.
Colorado City Metropolitan District submitted a "transfer of permit and succession of operator" form
to the Division, with the transferor information left blank because CCDC was dissolved as a state of
Texas Corporation in 1985. CCMD had no knowledge of how to contact any of the CCDC corporate
officers. The Division discussed this matter with Cheryl Linden of the Colorado State Attorney
General's Office. It was her opinion that, if CCMD attempted to contact CCDC past officers to get a
signature on the transfer form but was not successful, the Division could accept documentation proving
that CCMD acquired the property, including the permit, and necessary rights to mine the property.
The Division could attach that document to the transfer form in lieu of CCDC corporate officer
signatures and the permit could then be approved for the transfer to CCMD. This infornation was
passed on to "Buck" Barnhart, agent to CCMD. Daniel C. Kogovsek, attorney for CCMD, obtained a
copy of "Joint Motion to Authorize sale of Real Property of the Estate Free and Clear of All Liens,
Claims, and Encumbrances and Settlement Agreement" and a copy of Court Order confirming sale of
the land the gravel pit is on to CCMD. These documents are attached to the transfer request form in
lieu of signatures.
M:\osslahdVda.memoM-1979- I S&.doc