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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1317 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FA%: 1303) 832-8106 <br />MEMORANDUM <br />DATE: November 20, 1998 <br />~I~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />FROM: Tom Kaldenbac„hKE~pyi~Protection Specialist covet°°` <br />K lames 5. Lochhead <br />/ Executive Dneclar <br />TO: Records on file at Routt County Courthouse for Apex No. 2 Mine Michael B. Long <br />Division DneUOr <br />RE: Underground Mining Landowner Notifications <br />Apex No. 2 Mine, Permit C-81-011 <br />There is no documentation in the above-referenced records that landowners were notified prior to <br />mining beneath their land as required by Section 4.20.2. The operator's representative, Greg <br />Lewicki, can not locate notifications in the operator's files and I can not locate notifications in <br />DMG's files. The Apex No. 2 Mine has been inactive since January 1986 and has been <br />reclaimed. The operator has chan>;ed ownership and personnel. This Memorandum documents <br />that if the landowners had not been notified by mail as required by Section 4.20.2, the <br />landowners probably were notified by some other means of communication. <br />The operator's subsidence study on pages 195 to 211 of the permit concluded that mining would <br />affect no "specific structures" in areas that actually were mined. This conclusion indicates that <br />the notification required by Sec. 4.20.2 needed to contain only an identification of the "specific <br />azeas" where mining would take place. <br />[t is likely that the only 2 landowners that would eventually be undermined, George Hageman <br />and Edwin Yorby, were aware of the specific areas prior to undermining, based on: <br />1) Hageman -His approximate 5 acres of cropland and pastureland that lay in the path of <br />undermining was contiguous with the rest of his land that the Apex No. 1 Mine had <br />undermined in preceding decades. <br />2) Yorby - Mr. Yorby submitted comments in 1981 on Apex No. 2's permit application. Mr. <br />Yorby owned approximately 13 acres of cropland and pastureland in the path of <br />undermining. <br />Although there is no evidence these landowners were notified by mail as required by Section <br />4.20.2, the prior notification they had received (in the form of prior mining for Mr. Hageman and <br />a public notice for Mr. Yorby) would have fulfilled the intention of Section 4.20.2 of notifying <br />them of approaching undermining. <br />