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James McCormick ,McCormick Excavation& Paving. LI.0 <br /> April 13, 2016 <br /> Page 2 of 3 <br /> B submitted in the application.Ideally,a map showing the regional section numbers as well as the closest <br /> municipality to the site should be submitted. <br /> EXHIBIT N- Source of Legal Right to Enter(Rule 6.4.14): <br /> 4. The Applicant provided the original 2009 legal right to enter and a legal right to enter which was <br /> provided with the 2015 Succession of Operators Packet.These two forms of legal right to enter pre-date <br /> the conversion application and are also invalid. Rule 6.4.14 requires Applicants to provide a description <br /> of the basis for legal right of entry to the site and to conduct mining and reclamation. Please submit a <br /> replacement Exhibit N with current-dated documentation to comply Rule 6.4.14; this could be in the <br /> form of an access lease or a signed and notarized statement from the landowner. Additionally, please <br /> submit a copy of the deed, abstract title, or a current tax receipt as proof that Grasser Construction, Inc. <br /> is the Owners of Record described in Rule 1.6.2(1)(e)(i). <br /> EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District <br /> (Rule 6.4.17): , 4 21 4 , 0 <br /> 5. The Application did not include an Exhibit Q. The Applicant is required to submit proof of actual <br /> delivery or proof of mailing by Certified Mail, return receipt requested, of Notice of the Application to <br /> the local Board of County Commissioners and, if the mining operation is within the boundaries of a Soil <br /> Conservation District, to the Board of Supervisors of the Soil Conservation District, pursuant to Rule <br /> 1.6.2(1)(a)(ii). The Division believes that the Stewart Pit II is located within the Burlington <br /> Conservation District at 138 South 14th Street, Burlington, CO 80807. The Division made this <br /> determination based on maps available from the Colorado Department of Agriculture's website <br /> https://www.colorado.gov/pacific/agconservation/conservationboard. Please submit an Exhibit Q for <br /> the conversion application. <br /> EXHIBIT R- Proof of Filing with County Clerk and Recorder(Rule 6.4.18): <br /> 6. The Application did not include an Exhibit R. The Applicant is required to submit an affidavit or receipt <br /> indicating the date on which the application was placed with the local County Clerk and Recorder.Please <br /> submit an Exhibit R for the conversation application. <br /> 7. Additionally,please note that any changes or additions to the application on file in our office must also <br /> be reflected in the public review copy. Please submit proof that the public review copy has been <br /> updated or a copy of the response to this incompleteness letter has been added to it. <br /> Your Conversion Application will not be considered submitted until the information listed above is received <br /> and found sufficient to begin our review.A decision date will be established 90 days from the date of receipt <br /> of all of the requested information. Additionally, if you have already published notice you will need to <br /> republish notice, but only after the Division considers the application submitted. This notice must be <br /> published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your <br /> application is considered submitted.We will notify you when you should initiate publication of your notice. <br /> The final date for receiving comments is the 20th day after the fourth publication or the next regular business <br /> day. <br />