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..; «, <br />KEN 5.4 LAZAR <br />Attorney General <br />CIIRISTINE M. ARGUELLO <br />Chief Depury Attorney General <br />AL.\N J. CILBERT <br />Solicitor General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />January l8, ZOO I <br />Dennis Hanson <br />Assistant City Attorney <br />City of Thorton <br />9500 Civic Center Drive <br />Thorton, CO 80229 <br />BY FACSIMILE: 303-538-7427 <br />RE: Camas Colorado, Inc. <br />Deaz Mr. Hanson: <br />III IIIIIIIIIIIIIIII <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone (303) 866-4500 <br />FAX (303) 866-5691 <br />Pursuant to our conversation of January 17, 2001, it is my understanding that the City of <br />Thorton has acquired ownership of land on which Camas Colorado, Inc. conducts two gravel <br />mining operations. Camas is in the process of reclaiming both pits. <br />The City of Thorton wants to use the gravel pits for water storage. The City and Camas <br />have entered into an agreement by which Camas has agreed to connect the two gravel pits by <br />installation of a pipeline. The City's storage plans affect Camas's reclamation plan contained in <br />its mining and reclamation permit. In order to install the pipeline, Camas will be required to <br />break through slurry walls and drain a groundwater pond. This latter action may cause water <br />wells within 200 feet to be affected. In addition, the pipeline will be installed under a street <br />owned by Commerce City. Camas has submitted an application to amend its reclamation plan to <br />accommodate Thorton's desire to connect the two gravel pits. <br />The applicable statutory and regulatory provisions require an applicant to provide its <br />legal right to enter and conduct the operations. § 34-32.5-112(1)(b)(IV), C.R.S. The legal right <br />to enter can be demonstrated by deed, lease or notazized letter from the landowner. 2 C.C.R. <br />407-4, Rule 6.3.7. In addition, statutory and regulatory provisions require that if the mining <br />operation will adversely affect man-made structures located within 200 feet of the operation, the <br />operator must provide the Division with a notarized agreement which compensates the structure <br />owner for any damage caused by the operation. § 34-32.5-I I5(4)(c), C.R.S.; 2 C.C.R. 407-4, <br />Rule 6.4.19. <br />O4 COO • <br />hr'~~$ <br />N <br />i ~. <br />* 1876 ~ <br />