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L <br />DIVISION OF MINERALS AND GEOLOGY <br />Deputmenl of Naniral Kcwurces <br />1313 Sherman SI . Kuum 215 <br />Denver, Colorado NO207 <br />Phone: (1031 RLfi~ 35fii <br />FA%: 0031 H 1'_ ~tt I Ufi <br />March 20, 1996 <br /> <br />cTn~r~ r1F <br />III IIIIIIIIIIIIIIII <br />999 <br />II~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Donald and Mary Baker Roy Romer <br /> <br />47800 County Road X Goverror <br /> <br />P <br />O <br />Box 6 lakes s. En~nr,ead <br />. <br />. Execmive Director <br />Saguaehe, CO 81149 Michael B. Lung <br /> Division Director <br />RE: Coleman Pit, File No. M-95-075 <br />Dear Donald and Mary Baker: <br />The Division received a FAX'd copy of your concerns regarding the referenced permit <br />application. <br />The correspondence does not clearly state that you object to the permit application only that you <br />"wish to comment on the application." If you object to the application, Pursuant to <br />Rule 1.7.4(2), the Division will have to set the application for a hearing before the Board, and <br />schedule an Informal Conference as provided in Rule 1.4.6. In addition, if necessary, aPre- <br />Hearing Conference will have to be scheduled pursuant to the requirements of Rule 2.7. <br />If you are objecting to the permit application I will set up an Informal Conference here in Denver <br />so you can voice your concerns to the applicant, and the DMG. If your concerns are not <br />resolved the Pre-Hearing Conference, if necessary, will be held in Denver a few days before the <br />Board meeting (which is held in Denver too). <br />As required by Rule 1.7.1(2), a copy of your comments has been sent to the applicant. Any <br />response from the applicant will be sent to you. <br />I can answer a couple of your concerns. First, the county was found to be in violation of the Act <br />and is required to obtain a permit for this illegal mining operation which, once approved, will <br />mean they are no longer engaged in activities "outside the rules and regulations of the State Land <br />Mining Board." Second, any person, or entity, can apply for a Mined Land Reclamation Board <br />permit. And a permit will be issued if the application meets all the requirements of the Act and <br />the Rules and Regulations. Third, the permit applicant has committed to operating a dry pit so, <br />therefore, water rights will not be an issue. Fourth, if groundwater is exposed in the future then <br />the operator could be in violation of the Act and/or be in some kind of trouble with the Office of <br />the State Engineer. <br />If you have any questions whatsoever please give me a call. <br />Sincerely, <br />J vjames Dille <br />Environmental <br /> <br />Protection Specialist <br />COLORADO <br />M:~OSSammlBaker.jd <br />