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Helmut Sparer 18-March-07 21-March-07 4026 Lee Circle Wheat Ridge, CO 80033 Rickie L. Riner 6-April-07 10-April-07 26753 County Road 89-93 Ramah, CO 80832 Andelmo Santoyo 6-April-07 10-April-07 26700 County Road 89-93 Ramah, CO 80832 Ed and Marilyn Sandford 6-April-07 10-April-07 26801 County Road 89 Kiowa, CO 80117 II. ISSUES RAISED BY OBJECTING PARTIES: Issues raised by objecting parties are listed below, along with the names ofthe objectors. Due to the length of the objections raised, only the key arguments are quoted. The Division's response to objection issues follows. Issues are listed under the section of the Construction Materials Rules and Regulations to which they pertain. Issues that the Division believes are not within the jurisdiction of the Division or the Mined Land Reclamation Boazd {"Board" or "MLRB") are listed afterwazds. A. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD 2. C.RS. § 34-32.5-112(9)(c) and Rule 1.6.2 (1)(e)(ii) -Notice Requirement During the course of the Division's adequacy review process, on April 10, 2007, objector Rickie L. Riner informed the Division that she had not been noticed. DRMS Response The question raised by the above comment is related to C.R.S. 34-32.5-112 (9)(c) and Rule 1.6.2(1)(e)(ii)oftheConstnxctionMaterialsRulesandRegulations. C.R.S.§34-32.5-112(9)(c)states: The applicant shall mail a copy of such notice immediately after first publication to all owners of record of the surface and mineral rights of the affected land, the owners of record of all land surface within two hundred feet of the affected lands, and any other owners of record designated by the board who maybe affected by the proposed mining operation. Proof of such notice and mailing, such as certified mail with return receipt requested, where possible, shall be provided to the board or the office and shall become part of the application.