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<br />Comment 2 -Exhibit C, Pre-mining and Mining Plan Maps. <br />• This comment regarding irrigation structures is addressed in responses to DMG comments <br />dated May 24, 2000. <br />Comment 2 -Exhibit E, Reclamation Plan. <br />• Use of the facility as a water storage reservoir is consistent with the post-mining uses specified <br />in the Construction Materials Rules and Regulations. The reservoir size is capable of providing <br />sufficient storage for several potential water uses, including ,but not limited to, municipal, <br />domestic and agricultural supply as well as for future augmentation liabilities at other <br />properties along the South Platte River (and tributary rivers). <br />Comment 2 -Exhibit G, Water Information. <br />This comment regarding a discharge permit, is addressed in responses to DMG comments dated <br />May 24, 2000. <br />Comment 2 -Exhibit Q, Proof of Mailing. <br />Rule 1.6.2(1 }(a)(ii} states that 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 <br />appropriate local Board. Date-stamped copies of the notice acknowledging receipt by both the <br />West Adams Soil Conservation District and the Adams County Board of County <br />Commissioners were provided in Exhibit Q of the application. Additional copies have been <br />attached to this letter. <br />Comment 2 -Exhibit R, Proof of Filing with County Clerk or Recorder. <br />A date-stamped copy of the notice acknowledging receipt by the Adams County Clerk and <br />Recorder was provided in Exhibit R of the application. An additional copy is attached to this <br />letter. <br />Comment 2 -Exhibit S, Permanent Man-Made Structures. <br />• This comment is addressed in responses to DMG comments dated May 24, 2000. <br />Comment 3 - Notice to Pinnacle. <br />• Rule 1.6.1 requires notice "... of the date, time and place of any Informal Conference..." to be <br />sent to "...all persons who submitted timely statements in support of or objections to the <br />application..." by the Division of Minerals and Geology, not the applicant. <br />Rule 1.6.2(e)(ii) requires the applicant to mail or personally serve a copy of the newspaper <br />notice on all owners of record within 200 feet of the boundary of the affected land. Notice was <br />not sent to Pinnacle because at the time the application was filed with DMG, Pitmacle was not a <br />listed owner of record within 200 feet of the affected land, and is still not an owner of record. <br />Page 3 <br />