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<br /> <br /> <br /> <br /> <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor | Mike King, Executive Director | Virginia Brannon, Director <br />July 14, 2016 <br />Russell Larsen <br />Elam Construction, Inc. <br />556 Struthers Ave <br />Grand Junction, CO 81501 <br /> <br />RE: 5 Mile Pit, File No. M-2016-026 , Error in Newspaper Publication <br /> <br />Dear Mr. Larsen: <br />On July 13, 2016 the Division of Reclamation, Mining and Safety (Division) received your Proof of <br />Publication via email From Jon Muller for your Construction Materials Regular (112) Operation <br />Reclamation Permit application. The Proof of Publication is from The Rifle Citizen Telegram. <br />The publication is incorrect by stating the site name as “5 Mile Ranch Pit”. The application package <br />has named the site “5 Mile Pit”. It is also incorrect by stating that all written comments must be <br />received by July 21, 2016. Per Rule 1.7.1(2)(a), in case of a 112 Limited Impact Permit Application, <br />such written comments, protests and petitions for a hearing must be received by the Office not <br />more than twenty (20) calendar days after the last date of newspaper publication of notice, which <br />should have been July 27, 2016. <br />Rule 1.6.6 states when an error in notice occurs that the applicant shall be required to publish and <br />mail new notice of application and that all applicable deadlines shall begin anew. Therefore, Elam <br />Construction Inc. must re-publish the permit application notice with the site name correctly stated <br />and giving the public the required twenty (20) days to comment after the last date of publication. <br />Please note that the post mining land use in the newspaper publication stated “Rangeland/Wildlife <br />Habitat” while the application only stated Rangeland. Though the Division is not citing this as an <br />error it recommends that future publication state only Rangeland as the post mining land use. <br />Currently the decision due date is set for August 31, 2016. Due to the need for republication the <br />operator may find this deadline challenging. If additional time is necessary, the operator shall <br />request an extension prior to the decision due date. <br />If you require additional information, or have questions or concerns, please feel free to contact me. <br />Amy Yeldell at the Division of Reclamation, Mining and Safety, 1313 Sherman St., Room 215, <br />Denver, CO 80203. Direct contact can be made by phone at 970-254-8511 or via email at <br />amy.yeldell@ state.co.us <br /> <br />Sincerely, <br /> Amy Yeldell <br />Environmental Protection Specialist <br />Department of Natural Resources