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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY r/ <br />Department of Natural Rewurces <br />7373 Sherman St., Room 215 <br />benver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />a ~ 5 /~ <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />M[NLNG <br />- &- <br />SAFETY <br />September 20, 2007 v~ <br />Mr. David Bauer <br />Weld County Public Works // <br />P.O. Box 758 <br />Greeley, CO 80632 <br />RE: Adequacy Review of the Application F scus North Pit, File No. M-2007-038 <br />Dear Mr. Bauer: <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Dinacror <br />Ronald W. Cattany <br />Division DireROr <br />Natural Resource Trustee <br />Personnel turnover at the Division of Reclamation, Mining, and Safety (DBMS) has resulted in a delay in <br />the processing of the above referenced permit application, and for that we sincerely apologize. Please rest <br />assured that DBMS will promptly process the application from this day forward. You may have already <br />received or shortly will receive, under sepazate cover, a letter instructing you to initiate public notice of the <br />application. In order to allow time for public and government agency comment on the application following <br />the public notice, the decision date for the Fiscus North Pit is hereby reestablished as November 30, 2007. <br />DBMS may be able to make a decision prior to November 30, depending on your responses to the issues <br />listed below and the nature of any comments received, but cannot make a decision prior to the close of the <br />public comment period. <br />Issues Related to the Adequacy of the Application: <br />1. The notarization on page 8 (the signature page) of the application must be corrected. The original page <br />8 is enclosed for modification. If the original notary public Zelma S. Wahl is available, have her fill in <br />the "of' blank (highlighted) in the notary block with "Weld County Public Works" and initial the <br />change. If the original notary is not available, then the page must be completely re-executed. <br />2. Please clarify whether or not any part of the permit area is within the West Greeley Conservation <br />District. If the answer is yes, you must send a notice of the application to the District and provide <br />DBMS proof that the notice was given. Proof of notice shall be in the form of a return receipt of a <br />certified mailing or adate-stamped copy of the notice acknowledging receipt by the District. A form for <br />the notice is enclosed. <br />3. It is indicated in the application that notice ofthe application was posted at the proposed pit location. <br />However, the required certification that the notice was posted has not been provided. Please complete <br />the certification form (enclosed) and return it to DBMS. <br />4. Exhibit N to the application, Source of Legal Right to Enter, is in the form of an access letter signed by <br />the landowners. The content of the letter is acceptable, but DBMS requires that the signatures be <br />Office of Office of <br />Mined Land Reclamation Denver Grand JunRion Durango Active and Inactive Mines <br />