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<br />Mr. Robert F. T. Krassa - 8 - July 26, 1993 <br />19. (continued) <br />Please provide us with Mr. Baldwin's position as to whether material <br />damage has occurred. If it is his position that it has, please describe <br />this material damage in detail. If it is his position that no material <br />damage has occurred, but that either the value or the reasonably <br />foreseeable use of surface lands has been reduced, please state which, and <br />describe in detail this reduction. <br />Please note that our, research seems to indicate that underground mining <br />first reached Rancho Escondido in August of 1990, and retreated underneath <br />the southern boundary in September of 1991. As such, it is apparent that <br />Mr. Baldwin purchased this property after it had been undermined. <br />20. On page 2.05-31 of the Golden Eagle Mine permit, Basin Resources makes the <br />statement required by C.R.S. 34-33-111(1>(h). It is apparent, however, <br />that the statement conflicts with other portions of the permit with regard <br />to ownership of surface lands proposed to be affected by mining <br />operations. We will ask Basin Resources to re-address this item. <br />21. a. The Division received Map 1, Surface Ownership, and the attachment to <br />Map 1, Surface Ownership, on March 6, 1990. As had been discussed in <br />our response no. 17, this material was apparently not placed in the <br />permit application at the Division's office at that time. The <br />Division's Mid-Term Permit Review of December, 1992 also asked the <br />operator to update all applicable maps. On June 1, 1993, we received <br />a revised Map 1, Surface Ownership. <br />b. The Division's Midterm Permit Review contained preliminary adequacy <br />questions concerning subsidence related issues. On June 1, 1993, the <br />Division received Map 3-A, Projected Area of Subsidence - NW Longwall <br />Panels, and Figure 12, Typical Subsidence Profile. Questions from <br />the Division to Basin Resources regarding these submittals are <br />forthcoming. As the Division receives Basin Resources' answers to <br />our questions, we will update your office. <br />c. Regulation 2.04.3(2)(a) states that each application shall include <br />"a map ... of the uses of the land existing at the time of the filing <br />of the application ... Permit Revision PR-Ol was filed on <br />September 1, 1989, and in this application was included Map 4, <br />Pre-Mine Land Use. Any new maps changing the land use to reflect <br />current land uses would not meet the requirement of the regulation in <br />that the regulation requires. the map to identify land use <br />descriptions at the time of the filing of the application. <br />It is apparent that Map 4 was submitted with errors, however, in that <br />Map 1, Surface Ownership, submitted in March 1990 during the review <br />of Permit Revision PR-Ol, identified the Rancho Escondido <br />subdivision, while Map 4 did not. We will ask Basin Resources to <br />correct this discrepancy in their maps. <br />