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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <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 />January 21, 2003 <br />Mr. Jeff Gregg <br />Hall-Irwin Corporation <br />P.O. Box 2150 <br />Greeley, CO 800632 <br />RE: Hall-Irwin Corporation, II2c Permit Amendment AM-DI Application, <br />File No. M-1998-OI3, "The Shores"-Adequacy Review <br />Dear Mr. Gregg: <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFE7Y <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Direcor <br />Ronald W. Cattany <br />Acting Division Director <br />The Division of Minerals and Geology has received your application for the `.`The Shores", 112c <br />PermitAmendment. Listed below aze the Division's adequacy review comments for.this application. <br />The Division is required to make a recommendation to the Mined Land Reclamation Board no later <br />than February 5, 2003, therefore, your response to the following adequacy review concerns should be <br />received by the Division by Januazy 28, 2003. <br />1) In the original 1998 Pertnit Application it is stated in Exhibit S -Permanent Man-Made <br />Structures, that there aze no man-made structures within 200 feet of any disturbance. In the <br />current Amendment Application under Exhibit S it is stated, "There is no significant change to <br />this exhibit." As a result of the field inspection on November 22, 2002, and a review of the <br />Amendment Application it appears that there are several structures, including the Rural, Cole, <br />and other irrigation ditches, and Gas/Oil well locations that aze within 200 feet of the proposed <br />disturbed area. Also, the Division received a letter on December 31, 2002 from Kerr-McGee <br />objecting to Hall-Irwin's Amendment Application based on their concerns about possible <br />damage to an existing well, their ability to maintain and service this well, and the Applicant's <br />failure to provide for future wells and related Facilities. <br />If any of these structures are within 200 feet of the proposed disturbance, Rule 6.4.19 of the <br />Construction Materials Rules and Regulations requires that the applicant may either: <br />(a) provide a notazized agreement between the applicant and the person(s) having <br />an interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or <br />(b) where such an agreement can not be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall <br />not be damaged by activities occurring at the mining operation. <br />Please address these "Structures within 200 feet" issues, including verifying that all such structures <br />are illustrated on the application maps. If they are not, please provide maps that correctly locate these <br />