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~ till <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />I J 13 Sherman St.. Room 215 <br />Denver, Colorado 80207 <br />Phone (3031 866-3567 <br />FAX 00718328106 <br />May 10. 2000 <br />Mr. Robert Lucero. County Planner <br />Las Animas County <br />200 E. First. Rm 104 <br />Trinidad. CO 81082 / <br />RE: Castillo Pit (File M-?000-053) Results of Divisiorisadequacy review oFpermit application <br />Dear Mr. Lucero: <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NING•SAFETY <br />BSI I O.ve~s <br />Governor <br />Greg E. Walther <br />Executive Director <br />m¢hael B. Long <br />Division DireUOr <br />The Division has completed its review of the permit application for the Castillo Pit and has identified the Following <br />concerns: <br />NOTICES: At this time, there is no evidence included with the applicmion of the publication of the <br />newspaper notice of the application as requned by Rule 1.6.2 (I) (d). There is also no evidence provided of the <br />notice of the application being made to the owner(s) of record of the surface and mineral rights to the land to be <br />affected by the proposed mining operation, i.e. Andrew and Mollie Castillo, as required by Rule 1.6.2 (I) (e) (i). It <br />also appears. From the Exhibit A and Exhibit E Mine Plan Map, that the boundary of the proposed permidaffected <br />land lies within 200 Feet of property owned by other than the Castillos, i.e. Joseph Ivtontoya to the east and David <br />Fahey to the wuth. There is, however, no evidence included with the application of the mailing of notices of the <br />application to these adjacent land owners as required by Rule 1.6.2 (I) (e) (ii): <br />Evidence of the required publication of the newspaper notice of the application as well as receipt of the <br />required notices of the application by surface owners of and adjacent to the proposed permit area must be received <br />by the Division by the June 2. 2000 decision date in order that approval of the application can be considered at that <br />time. <br />PERFORMANCE WARRANTY: There was no Performance Wartanty submitted with the application. A <br />copy is, therefore, attached to this review for the County's use. <br />EXHIBIT A (Rule 6.3.1): There is a map titled'Gravel Pit Surve9'that appears intended to be part of <br />Exhibit A. The map was prepared for Andrew Castillo by Terry Surveying, dated October 21. 1996. and revised <br />November ~, 1997. The map, however, fails to meet the specific requirements of Rule 6.2. I in that it does not show <br />the name of the applicant, i.e. Las Animas County. In addition, the map is not labeled Exhibit A and does not fully <br />meet the requirements for the Exhibit in that the names of all immediately adjacent surface owners of record are not <br />shown nor is the name of the mine site indicated. <br />Please confirm the following: I) The map referenced above is submitted by Las Animas County as part of <br />Exhibit A in the County's application for the Castillo Pit and to meet the requirements of Rule 6.3. I (I ). 2) The <br />Castillo indicated on the map as owning the IJ~V'/<SE'/+oF Szction 32, into which the proposed permn area <br />apparently extends, is the same Andrew M. Castillo that owns the property in the SW '/ SE'/< where the bulA of the <br />permn area lies. 3) There are adjacent owners of surface land, other than the Castillos. within 200 Feet of the <br />proposed permit area to the east and to the south. <br />iiiiiiiiiimiii~ <br />999 <br />i <br />~ ~~TE OF COLORADO <br />