2016-04-13_REVISION - M2009010 - Laserfiche WebLink

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