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Santiago Mining has not complied with 2 Colo. Code Regs. § 407-1:5(m). The Notice <br />was submitted to the Board five working days after the NOI was submitted to the Division. A <br />gap of five working days between submitting the NOI to the Division and submitting the Notice <br />to the Board cannot be considered concurrent. Therefore, because the Notice was not submitted <br />to the Board concurrently with submitting the NOI to the Division, submittal of the Notice to the <br />Board is in violation of 2 Colo. Code Regs. § 407-1:5(m). <br />Santiago Mining's Notice to the Board is not in compliance with 2 Colo. Code Regs. § <br />407-1: 5(m)(ii). The Notice, in its entirety, states: <br />As of July 1, 2015, the Santiago Mining Company, LLC, has filed with the <br />Colorado Division of Reclamation Mining and Safety a Notice of Intent to <br />conduct prospecting operations in Clear Creek County. <br />The Notice does not state that the NOI will be available on the Division's website. Therefore, <br />because the Notice does not include a statement about the NOI being available on the Division's <br />website, the Notice is in violation of 2 Colo. Code Regs. § 407-1:5(m)(ii). <br />The Board feels that requiring public comment to be received by the Division on July 15, <br />2015, is unfair because the Board lacked adequate notice of the NOI due to Santiago Mining's <br />violations of 2 Colo. Code Regs. §§ 407-1:5(m) and (m)(ii). The logical intent behind requiring <br />an applicant to give a Board of County Commissioners concurrent notice of an application is so <br />that Board has the full ten days to analyze and provide comment about the application. Here, <br />Santiago Mining's violation of 2 Colo. Code Regs. §§ 407-1:5(m) and (m)(ii) leaves the Board <br />and the public only five days to comment. Therefore, in order to preserve fairness to the Board <br />and the public, and to preserve the intent behind the ten working day comment period, the Board <br />is requesting that the deadline for public comment be extended to July 22, 2015, which is ten <br />working days after the Notice was received by the Board. <br />Sincerely, <br />,e/ a <br />Martin A. Plate <br />Assistant County Attorney <br />Cc: Penny Wu, United States Forest Service, Clear Creek District Ranger (via e-mail) <br />Tom Hale, Town of Georgetown Administrator (via e-mail) <br />2 <br />GAO Board of County Commissioners\04 Correspondence\2015-07-08 MAP Letter to Michael Cunningham - DRMS - re Santiago Mine NOI - extension of time to <br />respond.docx <br />