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Page 2 • • <br />You have requested information about how Camas can meet these statutory and <br />regulatory requirements in order for Camas' application for a permit amendment to be approved <br />by the Division of Minerals and Geology. <br />At the present time, Commerce City and the City of Thorton have entered an agreement <br />which allows Thorton to install a pipeline underneath the street owned by Commerce City. <br />However, the operator is not covered by the agreement and there is no connection between <br />Thorton and the operator to meet the operator's requirements conceming the legal right to enter <br />and agreements to compensate regazding man-made structures. Thorton has also entered <br />agreements with four of the five well owners in the vicinity; the operator has not entered these <br />agreements. Thorton's agreements with the well owners does not constitute compliance by the <br />operator to have an agreement to compensate for damages to man-made structures within 200 <br />feet of the mining operation. At present time, then, the operator has not complied with the <br />statutes and regulations which require the operator to obtain the legal right to enter and to have <br />agreements concerning man-made structures. <br />There are several options the operator can take in order to meet the requirements <br />necessary for the Division to approve the permit amendment allowing installation of the pipeline. <br />The bottom line of each of the options is compliance by the operator to satify regulatory <br />requirements. Compliance requires either that Thorton becomes the permit holder so that <br />Tltorton's agreements, if notarized, comply with the Division's requirements or somehow <br />connecting the operator with Thorton for purposes of the agreements so that the agreements <br />allow the operator to install the pipeline or having the operator directly enter into agreements <br />with property and structure owners. The options are as follows: <br />1. The City of Thorton can apply for a Succession of Operator\Transfer of Permit that, if <br />granted, would allow the City to be the operator. Under this option, the agreements <br />Thorton has entered would comply with regulatory requirement if they get notarized. <br />2. Camas can complete reclamation and acquire a bond release, afrer which the City of <br />Thorton can implement its plan without implicating any reclamation requirements. <br />3. Camas can enter agreements with Commerce City and the water welt owners which <br />authorize Camas to enter onto another's property to install the pipeline and which <br />meet the requirement to have compensation agreements with structure owners. <br />4. The City of Thorton can apply fora 1 ] 0 permit which would cover all azeas that <br />would be affected by the installation of the pipeline. The City would not have to put <br />up a bond since it is a municipality. See § 34-32.5-117(3)(f)(VIII), C.R.S. This <br />option would require Camas to request a release of acreage from its permit azea and <br />to withdraw its application for permit amendment. Tltorton's agreements would need <br />