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CIO <br />/DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 30, 2007 <br />Mr. Rex Hiner <br />M_ Hiner Construction Company, Inc. <br />11 Austin Road <br />T ar CO 81052 <br />CO LO PLADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />i <br />RE: Letter of September 17, 2007 requesting determination of damages, Greeley Pit, Permit M-1977-151 <br />Dear Mr. Hiner: <br />Thank you for your letter of September 17, 2007 requesting that the Division of Reclamation, Mining and <br />Safety (DBMS) conduct an inspection of the Greeley Pit to determine damages from the placement of a City <br />of Greeley sewer pipeline across your land and permit area. <br />The DBMS cannot do inspections to determine damages to mining resources caused by other entities <br />actions. I would suggest that you obtain the services of a qualified individual to determine those. <br />I do not know exactly what the setback distance from structures was determined at the time that the permit <br />was issued. I do know that permits issued today must maintain setbacks of at least 200 feet so that the <br />mining operation will not "...adversely affect the stability of any significant, valuable, and permanent <br />manmade structures located within two hundred feet of the affected land; except that the permit shall not be <br />denied on this basis where there is an agreement between the operator and the persons having an interest in <br />the structure that damage to the structure is to be compensated for by the operator or, where such an <br />agreement cannot be reached, the applicant provides an appropriate engineering evaluation that <br />demonstrates that such structures shall not be damaged by proposed construction materials excavation <br />operations." (see Section 34-32.5-115(4)(e) CRS). <br />Since the permit was issued prior to the building of the sewer line, the DRMS would not have any <br />restrictions regarding mining near the pipeline. Damage to the pipeline from mining would be a civil matter <br />between the operator and the owner of the pipeline. <br />You should be aware that, should Hiner Construction ever file an amendment on this permit, the DBMS <br />would then consider the effect of the mining operation on the sewer pipeline. <br />Si ely, <br />s <br />B. Mount <br />Senior Environmental Protection Specialist <br />STATE Of COLORADO <br />Office of <br />office of Denver Grand Junction Durango Active and Inactive Mines <br />Mined Land Reclamation