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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 DIVISION O F Phone: (3031 866-3567 MINERAL S FAA: (303)832-8106 & GEOLOGY RECLAMATION MINING•SAFETY Bill Owrns Governor May I, 2001 Greg E. Walther Executive Direcor Mr. Phil Dorenkam , Su ervisor P P Michael B. Lung Divsion Director Las Animas County Road and Bridge Dept. 2000 N. Linden Trinidad, COS 1032 RE: Sandoval L & C Co. Pit (File M-2001-015) Review of County adequacy response Dear Mr. Dorenkamp: The Division has reviewed the Couny's adequacy response received by fax transmission on April 27, 2001 and has identified the following remaining adequacy concern: NOTICES: The newspaper notice of the application made for the Sandoval Pit, apparently published on April 17, 2001, indicates that comments on the application must be received by the Division by 4:00 p.m. on April 26, 2001. Rule 1.7.2(2) (and your application directions) specify that the public comment period ends 10 days after the last date of the newspaper publication. The notice the County published allowed only 9 days for comment. The County must publish another notice of the application and indicate that written public comments, in order to be considered, must be received by the Division within 10 days after the date of that publicntion. Proof of that new public notice must then be supplied to the Division. (Because a new public notice oFthe application is required, the provisions of Rule 1.6.6 now apply which means that all deadlines applicable to the application shall begin to run anew. As a result, a new decision date of June 6, 2001 has now been set fur the application. Since the application is in all other respects approvable, assuming the original adequacy response and associated materials are received by the Division, the Division will not necessarily delay its decision until June 6, 2001. The Division, however, will not make its' decision until the required 10 day puhlic comment period associated with the new public notice has expired, and any new adequacy issues requiring resolution and identified during the new public comment period are addressed.] NOTICES: The Division will accept the evidence provided that the co-owners of the surface and mineral rights to the !and to be affected by the operation have been notified of the application, provding the copies o; ;he notice with the original signatures of the co-owners arc provided. REMAINDER OF ADEQUACY RESPONSE: The Division will accept the County's responses in regard to Exhibits B, C, E and F as adequate, providing the original adequacy response is supplied. NOTE: As a result of the necessity for the County to publish a new newspaper notice of the application, the new decision date for the application is officially set as June 6, 2001. Please respond fully to the above identified adequacy issues well enough in advance of that date that the Division will be able to review the response, deal with any remaining concerns, and consider approval of the application at least by that time. Should you no[ be able to respond fully by June li, 2001, please provide a written waiver of the County's right to a decision on that date in order to avoid a denial of the application and to allow the permitting process to continue. If you have any questions of the above, please contact me. Sincerely, .,.1~.~ GS-~-~-~ Janlcs C. Stevens Sr. Specialist