2011-04-01_PERMIT FILE - M2010071 ‎(2)‎

• Permit No: M2010071
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/1/2011
• Doc Name: Adequacy Review- 03
• From: DRMS
• To: McLaughlin Water Engineers, Ltd.
• Email Name: MAC
• Email Name: AJW
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
April 1, 2011
Aaron Asquith
McLaughlin Water Engineers, Ltd.
2420 Alcott St.
Denver, CO 80211
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
RE: Goose Haven Reservoir #2; DRMS File No. M-2010-071; Adequacy Review - 03
Dear Mr. Asquith,
The Division of Reclamation, Mining and Safety (Division) has received and reviewed your
letter dated March 15, 2011 regarding The City of Lafayette's proposed structure agreements for
the above referenced site. The provision within the proposed structure agreement, which states
that compensation to structure owners will be subject to appropriations by the Lafayette City
Council, does not. conform to the requirements of C.R.S. 34-32.5-115(4)(e). Pursuant to
Construction Materials Rule 6.4.19, the Applicant may either:
a) Provide a notarized agreement between the Applicant and the person(s) having an interest
in the structure, that the Applicant is to provide compensation for any damage to the
structure; or
b) Where such an agreement cannot be reached, the applicant shall provide an engineering
evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c) Where such structure is a utility, the applicant may supply a notarized letter, on utility
letterhead, from the owner(s) of the utility that the mining and reclamation activities, as
proposed, will have "no negative effect" on their utility.
The purpose of the structure agreements is to ensure compensation is provided to the person s)
having an interest in the structure in the event such structure is damaged-during-rfimmg or
reclamation activities. The City of Lafayette's proposed structure agreements do not ensure a
structure owner will be compensated if their structure is damaged, but rather allow the Lafayette
City Council to determine if compensation will be provided. The Division recognizes the
Applicant is constrained by the Colorado State Constitution in drafting a structure agreement;
however, we are not able to alter the requirements set forth by C.R.S. 34-32.5-115(4)(e).
The Division has reviewed the Applicant erlglineering staoility analyses anc? l-as found t??atone
proposed mine slopes and setbacks are sufficiently protective of permanent man-made structures
within 200 feet of the affected area. The engineering stability analyses can be accepted in lieu of
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines