PERMFILE61254

• Permit No: M2001051
• IBM Index Class Name: Permit File
• Doc Date: 3/23/2000
• Doc Name: MEMO MINERALS PROGRAM POLICY SIGNIFICANT VALUABLE OR PERMANENT MANMADE STRUCTURES
• From: HBH
• To: MINERALS STAFF
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1373 Sherman St„ Room 215
o I v 15 1 0 N o f
Denver, Colorado 80203
Phone: [phone] ~ lvt l (J E RA L S
fAX: [phone] bt
MEMO GEOLOGY
RECLAMATION
MINERALS PROGRAM POLICY MINING • S A F E T Y
Hilt Owens
TO: Minerals Staff Governor
FROM: IIBII Greg E. Walther
DATE: March 23, 2000 Executive ovect~r

RE:
Signilcant, Valuable or Permanent Manmade Structures MicV+ael 6. Long
Division Director
(revised September 15, 2000)
When is a structure considered to be a "significant, valuable or permanent manmade structure"
and subject to the requirements of Construction and Hazdrock Rules 6.3.12 and b.4.19? The
definition of "Structure, Significant, Valuable and Permanent Man-made " is found at
Construction and Hazdrock Rules 1.1(48) and 1.1(53) and states, "...anon-portable
improvement to real property which has defined, current and recognizable value of an economic
nature:... ".
Based on information supplied in the application package and/or site visit, the Division shall
make the initial determination whether a structure may fit within the above definition. If the
owner of the structure or the applicant do not agree with the Division's determination, they may
appeal that determination to the Boazd. Based on the Division's determination that the structure
qualifies under the definition, or the Board's compazable determination at a subsequent hearing,
it is then the applicant's responsibility to do one of the following:
(1) The applicant may provide evidence of an agreement with the owner of the structure that will
compensate the owner in the event the operation damages the structure.
(2) The applicant may provide an engineering evaluation that adequately demonstrates to the
Division that the proposed mining and reclamation operations will not result in damage to the
structure. This alternative requirement may be met by providing the Division a letter from
the entity that owns and/or maintains any utility or irrigation structure or road affirming no
anticipated impact to the structure by the proposed operation. It may also be met for fence or
wall structures through an evaluation of possible impact by one of the Divisions
Geotechnical Engineers. The Division's basis for no impact must be made a part of the
application file.
(3) The applicant may provide the Division with evidence that a structure is not included within
the regulatory definition. Such evidence may include a notarized letter from the structure
owner, if the owner is not also the applicant, that the structure in question has no significant
value to the owner. Such a letter should also state that the owner holds the controlling interest
in the structure and that there aze no outstanding liens against the structure. If the applicant
owns the structure, the applicant only has to make [he claim of ownership.
Once the applicant has performed one of these options, the Division will make the determination
of whether the applicant has met the regulatory requirements.