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?; COLORADO
<br /> Division of Reclamation,
<br /> ' Mining and Safety
<br /> Department of Natural Resources
<br /> December 30,2019
<br /> Robert and Lauren Berry
<br /> 3871 BIack Feather Trail
<br /> Castlerock,CO 80104
<br /> RE: Adequacy Review,110(1)Hardrock Application,Robert Michael#1-A,File No.M-2019-050
<br /> Dear Mr.and Mrs.Berry,
<br /> The Division of Reclamation,Mining,and Safety(Division)has reviewed the content of your 110(1)Reclamation
<br /> Permit Application for the Robert Michael#1-A,File No.M-2019-050,and submits the following comments.
<br /> Please respond to this Adequacy Review with the requested information and summarize each response to the
<br /> numbered items below,in a cover letter titled"Adequacy Review Response,M 2019-050".
<br /> The review consisted of comparing the application content with specific requirements of Rules 1,3, 6.1, 6.2,and
<br /> 6.3 of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock,Metal,
<br /> and Designated Mining Operations.Any inadequacies are identified under the respective exhibit heading.
<br /> GENERAL APPLICATION PROCEDURES
<br /> 1. On December 26,2019,you provided proof of publication,as required by Rule 1.6.2,of the notice
<br /> published in the Fariplay Flume.Upon review of the notice,the notice was published on December 13,
<br /> 2019,and December 20,2019.The public comment period deadline referenced in the notice was listed as
<br /> December 24,2019.In accordance with Rule 1.7.1(2)(b),the public comment period deadline is 10 days
<br /> after the last day of publication.The public comment deadline should have been listed as December 30,
<br /> 2019.As required by Rule 1.6.6,when a notice is in error,the Applicant shall be required to publish a
<br /> new notice of the Application.Furthermore,Rule 1.6.6 states in the event that the Application is required
<br /> to issue a new notice,all applicable deadlines shall begin to run anew.Therefore,the decision date for the
<br /> permit has been reset and the Division is now required to make an approval or denial decision on the
<br /> application no later than January 29,2020.As required by Rule 1.6.2,please submit proof of publication
<br /> in a newspaper of general circulation in the locality of the proposed mining operation.
<br /> 2. As required by Rule 1.6.2,please submit proof of notice to all owners of the surface and mineral rights of
<br /> the affected land and to all owners of the surface within 200 feet of the affected land.Proof of notice may
<br /> be return receipts of a Certified Mailing or by proof of personal service.
<br /> 3. To date,the Division has received comments from the Division of Water Resources,Corps of Engineers,
<br /> and the Office of Archaeology and Historical Preservation.The letters are attached for your review.
<br /> Please acknowledge and address any comments noted in the letters and make changes to the application
<br /> as necessary.
<br /> EXHIBIT C-Mining Plan(Rule 63.3)
<br /> 4. Within Exhibit C,Question 17,you have stated that that the disturbance will be seeded after backfilling. The
<br /> mining and reclamation plans do not specify the timing of seeding.Please commit to seeding in the late fall
<br /> or early spring as this will give the reclamation seed mixture the best chance to germinate and survive.You
<br /> may contact the Teller-Park Conservation District for a recommendation on a specific seed planting time.
<br /> ^
<br /> r`
<br /> 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us1.
<br /> Jared PoLis,Govemor I Dan Gibbs,Executive Director I Virginia Branton,Director
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