2009-06-30_PERMIT FILE - M2009018 (8)

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Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047 Division has determined that the proposed conveyor route falls under the definition of affected land, which the Construction Materials Rules define as the following: Affected lands include but shall not be limited to private ways, roads, except those rands excluded pursuant to the Subsection 1. ](3), and railroad lines appurtenant to any such area; land excavations, exploration or settling ponds; work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other property which result from or are used in such operations are situated Therefore, the conveyor route will need to be included into the permit area. Adding the conveyor route to the permit area will increase the overall permitted acreage which will require an amendment to the permit application. The Applicant may amend a permit under consideration by the Office by filing a copy of such amendment with the Office and placing a copy with the County Clerk and Recorder. The amendment shall constitute a new filing for the sole purposes of determining the date for consideration of the application by the Office, and for the deadline for a final decision of the application. Should the Applicant choose not to include the conveyor route into the permit area, then all applicable exhibits should be revised to reflect this chance. We realize the `affected land' definition gives the Office considerable latitude in exercising its jurisdiction, however, once a conveyance structure leaves a permit area, the impact is clearly not mining or reclamation but transportation. We respectfully request the Office to reconsider its position with the understanding that all necessary local permitting and engineering will be applied and copied to the Office for its records. Just as local permitting for use can not and should not intrude upon the jurisdiction of the Office, the Office should make some distinction when activities necessary to the economical comportment of operations, like transportation, are more a jurisdictional matter of `use,' than `affected land.' If we view a conveyor system like any other form of transportation, just as the Office does not permit the routes of a truck conveying materials off-site, neither in our opinion should it permit conveyance except within the intended permit area, as it does for haul routes. Once material leaves the intended permit area, local permitting and engineering (municipal or county public works and departments of engineering) will be complied with. Since structures along public transportation systems requires a unique consideration of liability pertaining to public safety and engineering, local systems have staff and experience targeted to meet those considerations as they pertain to transportation systems, as well as for any attending minor impacts to natural resources or wildlife. The small footprint of the conveyor system is not anticipated to create an adverse concern to natural systems or wildlife outside the capacities of local departments of engineering. Additionally, there are considerable challenges to complying with the Office's perspective in this matter. The difficulties attending the identification and notification of owners of land and structures within two hundred (200) feet either side of an extended conveyor route adds an undue burden. If local permitting or operation requirements required a route change, the burden of Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 7 (Office) in reply to Office correspondence of 12 May 2009 - Heintzelman Project - M2009-018.