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III IIIIIIIIIIIIIIII • <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room ?15 <br />Denver, Colorado 80'_03 <br />Phone: 1303) 866-3567 <br />FAx: (303) 83?-8106 <br />• <br />STATE OF COLORADO <br />FOR YOUR CORRESPONDENCE FILE <br />March 31.2000 <br />Mr. Rick Hur+vorth <br />Delhur Industries, Inc. <br />P.O. Box 883 <br />Hermiston, OR 97838 <br />RE: McKenna Limestone Quarry (File M-2000-039) Results of adequacy revie+v of 1 I Oc permit application <br />Dear Mr.Hunvorth: <br />The Division has revie+ved your permit application for the McKenna Limestone Quarry'. The application is <br />extremely well attd neatly done. The Division, ho+vever, has identified certain adequacy concerns as follows; <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />B~II Owens <br />covernnr <br />GregE Watcher <br />Executive Dve[IOr <br />Michael B. Long <br />Division Director <br />BASIC REQUIREMENTS: The application is not accompanied by a Performance Wartann and, for the <br />moment, lacks a Financial Warrant}' in an amount and form acceptable to the Division. <br />A,,,n''~1~ "4'~ A Performance Warranty form will be sent ++ith [his review and should be returned +vith a notarized <br />~~„Ik+" J~ signature. Since the Division does accept your estimate of the cost of reclamation, i.e. S 17,100.00, please indicate <br />NN"''''"" '"~~ the type of Financial Warranty you +vish to use in supplying the Warranty and the Division will send you the proper <br />b~~,+''~-{~- form(s). (See Rule 4.3 for the acceptable types of Financial Warranties.) <br />y,4 ~~ T10TICES: The Division is aware that you intended the public notice, required by Rule 1.6.2 (d), to be <br />{'s published on 3/16/00. Evidence, however, has not yet been received that this .vas done. There is also no evidence in <br />the permit package [ha[ the o+vner of record of the surface and mineral rights to the land to be affected by the <br />mining operation or of surface lands ++ithin 200 feet of the boundary of the land to be affected have been notified <br />as required by Rules 1.6.2 (e) (i) and (ii). <br />Please provide evidence of notifying Mr. McKenna, who is identified as the surface and subsurface owner <br />,,,t~j~of the land to be affected by the operation, and So. Gas, Inc., +ahich your maps sho+v as being an owner of property <br />W' ~~(s°~', located 190 feet east of the east boundan' of the proposed permit/affected area. <br />e~i,,tt'^ ~ EXHIBIT B-SITE DESCRIPTION (Rule 6.3.2 (b)): four Exhibit B narrati+•e indicates there are no malt <br />U made structures within 200 (ez[ of your proposed quarry. Fences qualifi~ as permanent man-made structures and it <br />a- Itas been thz Division's experience that these are often overlooked in the preparation of an application. <br />Please confirm that there is no fence alone the County Road'_11 right-of-way thru which your new <br />access/haul road must pass in order to connect +vish the counn- road. Please confirm that there is no fence along the <br />p'F~~~~y,~ boundaq• of the Econ Liquors, Inc. propzm' and that of So. Gas, Ind. which your maps indicate is located 190 fzet <br />..,rP" ~"~ east of the zastzrn boundary of your proposed perntit area. In the event one or both such fences are present, please <br />~oA~ provide a revised Exhibit B which acknowledges this and includes the identity of the owner(s) of such structure(sj. <br />~~~~ <br />~~ <br />