HomeMy WebLinkAbout20194078.tiff TO: Board of County Commissioners
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FROM: Bob Choate, Assistant County Attorney
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DATE: July 2, 2019
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'" SUBJECT: Standard Procedures for DRMS Structure Agreements
Commissioners,
We have recently received multiple "Structure Agreements" from various mine operators. These operators are required by
their Division of Reclamation and Mine Safety (DRMS) permit to obtain the signature of anyone who owns a structure
within 200 feet of the mine's permitted boundary. For the County, the structure is almost always a road. The structure
agreement is a template approved by the DRMS, and it generally outlines the mine operator's obligations to repair damage
to the structures as required by law. This mine operator retains this financial liability whether or not the County signs the
structure agreement. Besides being a DRMS permitting requirement,the mine operators only benefit if all structure owners
sign the agreement. If less than all structure owners sign it(which is often the case),the mine operator must conduct a slope
stability analysis to demonstrate to DRMS' satisfaction that the mine will not adversely affect any of the structures.
After discussions with Public Works and with DRMS,I recommend that the County forego signing these agreements unless
the mine operator is willing to sign the County's own template structure agreement, which would provide the County with
more protection than the standard DRMS template. I expect that most mine operators will decline to do so, but I also do not
see any benefit to the County to sign these structure agreements. If you agree with this recommendation,these will be listed
for public review on your consent agenda going forward.
I've attached a recent example for your review. I'm happy to answer any questions you may have.
Approve Staff Work Comments
Recommendation Session
Requested
Sean Conway V
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Mike
Freeman m e-
Scott
James
Barbara
Kirkmeyer
Steve
Moreno
2019-4078
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