2018-03-07_PERMIT FILE - M2018007

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Smash Brothers Explorations — Notice of Filing Deficiencies M-2018-008 February 21, 20I8 Page 2 of EXHIBIT G — Source of Legal Right -to -Enter (Rule 6.3.7): 4. The Applicant states the Forest Service is the surface owner of record for the affected lands. The Division considers an approved Mine Plan of Operations (MPO) or an accepted Notice of Intent from the Forest Service as the demonstration of the Applicant's legal right of entry to the site and to conduct mining and reclamation in accordance with Rule 6.3.7. Please note, the entity which has gained approval from the Forest Service must match the Applicant!Operator on the 110(1) application. It is the Division's understanding the entity in the process of obtaining an approved MPO for this site is Taylor Conway. Please provide documentation indicating the Forest Service has approved a MPO for Smash Brothers Explorations or revise the Applicant/Operator on the 110(1) permit application to Taylor Conway. If the latter option is chosen, please resubmit the first seven pages of the application with the revised applicant"operator information. EXHIBIT I - Proof of Filing with County Clerk (Rule 6.3.9): 5. Any changes or additions to the application on file with the Division, must also be reflected in the public review copy in accordance with Rule 1.6.2(2). Please submit proof that the public review copy has been updated with a copy of this letter and associated response. EXHIBIT J - Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District (Rule 6.3.10): 6. Proof of filling with the local Board of County Commissioners is not in accordance with Rule 6.3.I0. It appears the application includes a first class mail receipt, however, there was no certified mail return receipt (also known as the green card) verifying the Board of County Commissioners and the Soil Conservation District signed and received the notices. In accordance with Rule 1.6.2 (1)(a)(ii), please submit Proof of Notice in the form of a certified mail return receipt or a date-stamped copy of the notice acknowledging receipt by the appropriate board. The Smash Brothers Explorations 110(1) Limited Impact Operation Reclamation Permit Application will not be considered filed until the information listed above is received and found sufficient to begin our review. A decision date will be established 30 days from the date of receipt and acceptance of all of the requested information. Please note, if you have already published notice you will need to republish notice, but only after the Division considers the application filed; the Division will notify you when You should initiate publication of your notice. This notice must be published once within ten (10) days of the date your application is considered submitted. The final date for receiving comments is the 10th day after the publication or the next regular business day. Pursuant to Rule 1.4.1(8), you have sixty (60) days from the date of this letter to submit all necessary documents that the Division needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Division, the Division may deny the application and terminate the application file. The response to this Notice of Filing Deficiencies is due on or before April 22, 2018.