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September 16, 2013 <br />Ms. Sitira Pope <br />Colorado Department of Reclamation, Mining and Safety <br />1313 Sherman St. Rm 215 <br />Denver CO 80203 <br />Dear Ms. Pope, <br />RECEIVED <br />SEP 2 0 2013 <br />Division of Reclamation, <br />Mining $ Safety <br />We are writing to request Reconsideration in the matter of Permit Application M -2013 -007 per <br />rule 2.9.1, 2.9.2, 2.9.3. <br />The documents from the Division of Water Resources that Staff presented at the Denver <br />Hearing on August 14th, 2013 are new information. It is our understanding that Mr. Erickson <br />requested comment from The DNR Division of Water Resources when the application was <br />received. However, DWR did not reply as required by June 23`d, but rather on July 30th and <br />August 15t. The objectors did not have access to these documents until the middle of the actual <br />hearing, and they now appear in the file. We feel that they contain information that requires <br />further investigation in regard to water rights and change of use as well as Rainwater collection, <br />which is illegal under State Law. <br />In addition we feel that errors in the application deemed "inconsequential" by Mr. Erickson are <br />not at all inconsequential and in fact the Rules and Regs of DRMS 1.4.1(3) requires that all <br />applications be accurate, as signed and notarized by the applicant. There are MANY errors <br />which were itemized for the Board on August 14th and we are requesting Reconsideration of <br />the grounds that their decision was arbitrary and capricious rather than considering the facts of <br />the situation. The applicant did not meet the requirements of either adequacy letter written by <br />Mr. Erickson on June 14 and July 12th <br />As defined by the DRMS Rules and Regs definition section "Aggrieved means suffering actual <br />loss or injury, or being exposed to potential loss or injury, to legitimate interests. Such interests <br />include, but are not limited to, business, economic, aesthetic, governmental, recreational, or <br />conservational interests ". As parties we disagree with staff's definition and conclusion that we <br />are not aggrieved by this permit application. <br />We look forward to your response and are requesting direction as to how this process <br />proceeds. <br />Thank you as always for your time and consideration. <br />nice Wheeler 67269 T Road Montrose, CO 81403 970 209 -9630 <br />Dennis Schultz 117 North Fourth St, Montrose CO 81401 <br />Leaster and Kathlean Stigall 67751 Uintah Ct. Montrose CO 81403 <br />