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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />D I v I s I O N O F <br />Denver, Colorado 80203 MINERAL S <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 & <br /> GEOLOGY <br /> <br />DATE: August 3, 2000 RECLAMATION <br />MINING•SAFETY <br />TO: File No <br />M-2000-034 Bill Owens <br />. Governor <br />n <br />' Greg E Wal<he~ <br />~ <br />FROM: Allen Sorenson <br />~j <br />~ E'ec°'i°e o'rec'°' <br />` <br />( Michael B. Lang <br /> Drvi~ion Ducclo~ <br />RE: Legal Right to Enter, Western Mobile Northern, Inc., <br />Loveland Pit, File No. M-2000-034 <br />Discussions were held during the week of July 24, 2000 with Mazk Anderson of TST Consulting <br />Engineers and Cheryl Linden and Steve Brown of [he Colorado Attorney General's Office. These <br />discussions centered on proof of legal right to enter a ditch easement at the proposed site of Western <br />Mobile Northem's Loveland Pit. TST Consultants is the firm contracted by Western Mobile to obtain <br />the reclamation permit for [he Loveland Pi[. <br />The ditch easement in question crosses the portion of the proposed permit azea to the east of St. Louis <br />Avenue. The easement is recorded in the title to the property, but is currently inactive and has <br />apparently been inactive for a considerable period of time. The easement will be mined through under <br />the terms of the proposed mine plan. In accordance with the Mined Land Reclamation Board's 1996 <br />directive regarding easements (see attached memo dated November 20, 1996) Western Mobile Northern <br />is required to provide legal right to enter the easement. Unfortunately, a search of the title did not <br />reveal any information about the holder of the easement. <br />The Attorney General's Office recommends that a quiet title action be filed that will result in the <br />easement holder coming forward or will foreclose on the easement. Since this action is not likely to be <br />resolved prior to the August 24, 2000 hearing on the Loveland Pit application, a condition may be <br />placed on the application, if approved, that requires mining operations to set back a safe distance from <br />the easement until legal right to enter is obtained. A safe setback distance that will comport with the <br />other setbacks proposed for the Loveland Pit would be the horizontal distance from the easement <br />boundazy to the toe of the pit wall equal to two-times the depth of mining. The Division will consider <br />alternate solutions to resolve legal right to enter the easement if they are presented sufficiently in <br />advance of the hearing date to allow for a complete review. <br />attachments(s) <br />cc: Mazk Anderson. TST Consultants <br />Julie Goettemoeler, Lafazge Technical Services <br />Cheryl Linden, AGO <br />Steve Brown, AGO <br />(All carbon copies sent vin fncsimile transmission) <br />c:\windows\personalUoveland pit MTF.doc <br />