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DIVISION OF MINERALS AND GEOLOGY <br />Depanmcm n( Natural Fesource~ <br />Ill 7 Sherman SL. Foom ' I S <br />Denver, Colorado a0?0} <br />Phone: 13071 N66-3561 <br />FAX. 1311 n tS32 H I O6 <br />;unc 4, 1999 <br />Donna Ashbaugh-Hall <br />P.O. Box 398 <br />Craig, CD 81626 <br />COLORADO <br />III IIIIIIIIIIIIIIII OF <br />DIVISION OF <br />MINERAL S <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />BJI O.~ens <br />Cmernor <br />Greg E K'al~her <br />F~ecun~e Dvnlor <br />niichael B. Long <br />Divaron D~reuor <br />RE: Request for Clarification of Correspondence, Re: Wagner Rock Pit, Permit #M-99-018 <br />Dear Ms. Ashbaueh-Hall, <br />The letter is being written to address certain issues raised by your Inosl recent two letters (received May 24 and June <br />1) to the Division of Minerals and Geology (DMG) regarding the'Vagner Rock Pit, Permit #M-99-018. Any <br />assistance you can give us in clarifying these issues would be apprciated. <br />I) The inclusion of the map showing the locations of the site and the spring is helpful in getting a better picture of <br />site conditions, however, there is no scale on the map nor is one cited in your letter. If you could clarify the <br />source of the map and its scale, we would appreciate it. <br />2} No plans for dam structures or diversions inside the permit an.a have been approved by DMG. Any diversions or <br />structures built outside of the permit area would fall under the authority of the Anny Corps of Engineers (ACOE) <br />or local flood control district. Any impact upon your water rights from such diversions outside the permit area <br />would be adjudicated by the Office of the State Engineer (OSIi). Any structures which would be built inside the <br />permit area would require a Technical Revision or an Amendment to the permit, and would required the approval <br />of DMG. <br />3) The question of whether Mr. Wagner was mining on Sunday, May 23, 1999, is one which should be taken up <br />with the County Planning Department. DMG does not have jurisdiction over local land use issues, including <br />times of operation, and no such restrictions are written into th~~ State reclamation permit. If the Operator is <br />excavating at times which were prohibited under his County permit, he may be subject to the authority of the <br />County. <br />If you have any further questions, please contact me at (303) 866-:567. <br />Sincerely, <br />Christina Kamnikar, <br />Environmental Protection Specialist <br />Cr. Carl Mount, DMG <br />H. Brune Humphries. DMG <br />Cram Lis, OSE <br />Cheryl Linden, AGO <br />;amen II. Simpson, Colorado First Soil Conservation District Fresident <br />James Wagner, Operator <br />Dick and Jane Kine <br />CERTIFIED MAIL _ z y ~ ~ ~1/ I I .~~ <br />