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COLORADO <br /> Division of Reclamation, <br /> - Mining and Safety <br /> Department of Natural Resources <br /> October 2,2019 <br /> Robert and Lauren Berry <br /> 3871 Black Feather Trail <br /> Castlerock,CO 80104 <br /> RE: Notice of Filing Deficiencies,110(1)Hardrock Application <br /> Robert Michael#1-A,File No.M 2019-050 <br /> Dear Mr.and Mrs.Berry, <br /> IOn September 18' <br /> 20I9'the Division of Reclamation,Mining and Safety(Division)received the 110(I)Limited <br /> mpact Operation Reclamation Permit Application for the Robert Michael#1 A operation and assigned it File No. <br /> M-2019-050.Pursuant to Rule 1.4.1(8),the Division has determined the application contains deficiencies which <br /> prevent the application from being considered filed.The following filing deficiencies must be addressed before the <br /> Division can consider the application as being filed and the technical adequacy review can begin.Please respond to <br /> this Notice of Deficiencies with the requested information and summarize each response to the numbered items <br /> below,in a cover letter titled"Response to Deficiencies,M-2019-050". <br /> Application Form <br /> 1- Question 6,Page I of the application form identifies"Robert and Lauren Berry through BLM Mining Claim"as <br /> the surface owner of the affected land.It is the Division's understanding that the Applicants have the subsurface <br /> mineral rights to the affected land through an unpatented mining claim with the BLM,but the surface of the <br /> affected lands is still public land.A review of the Park County assessor website shows the United States Forest <br /> Service is the owner of the affected lands.Please revise Page I to reflect the correct surface owner or <br /> demonstrate that the Applicants own the surface. <br /> 2. Question 8,Page 1 of the application form shows the type of the proposed mining operation is a"Placer" <br /> operation.The Division believes the proposed operation should be characterized as a"Surface"mining <br /> operation rather than a"Placer"mining o <br /> alluvium.Please revise Question 8 to reflect thecorrect ope ofominin ooperation.pertiproposing mine into a stream bed <br /> type g <br /> EXHIBIT G—Source of Leal Right-to-Enter(Rule 63 77) <br /> 3. The United Sates Forest Service(USFS)is the surface owner of record for the affected lands.The Division <br /> considers an approved Mine Plan of Operations(MPO)or an accepted Notice of Intent(NOI)from the USFS as <br /> the demonstration of the Applicant's surface legal right of entry to the site to conduct mining and reclamation in <br /> accordance with Rule 6.3.7.Please submit documentation which shows the USFS has approved or conditionally <br /> approved a WO or has accepted a NOI for the proposed operation. <br /> 4. The Applicants state they are the subsurface owner of record for the affected lands through a BLM mining <br /> claim.Please submit appropriate documentation which shows Robert and Lauren Berry are the claimants of the <br /> unpatented mining claim for where the proposed operation is located. <br /> 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://minfng.state.co.us <br /> .fared Potis,Governor I Dan Gibbs,Executive Director ( Virginia Brannon,Director <br /> ��97 s <br />