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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 60203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 9, 2006 <br />Re: Sokol Pit Decision date M-1980-193. <br />Dear Interested Parties. <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />REOIAN ATION•NINING <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />A number of the objectors have inquired about the decision <br />date for the Amendment application. Rule 1.4.9 (3) of the <br />Construction Materials Rules and Regulation, states, "Where <br />a 112 Reclamation Permit Application is set for a hearing, <br />the Board shall make a final decision on the application <br />with in one hundred twenty (120) days after the day the <br />application was filed, unless the date set for <br />consideration has been extended pursuant to subparagraphs <br />1.4.1(7)(9) or Rule 1.8, or section 34-32.511(2), C.R.S. <br />The applicant sent a letter to the Division, waiving its <br />right to a Division decision within ninety (90) days on <br />October 25, 2005. The 90th day for the Division to make <br />recommendation or decision was November 14th, 2005. After <br />receiving the written waiver, the decision date was changed <br />to February 14, 2006.Parties were sent a copy of the letter <br />sent to the operator, explaining the reason the original <br />decision date was changed on October 26, 2005. Since there <br />were no changes to the Division's recommendation, after the <br />second comment period ended on December 7, 2005, the <br />Rational to recommend approval of the Amendment was sent to <br />all parties on December 15, 2006. Under Rule 1.4.9 (3) the <br />hearing date is re-set accordingly. Therefore, the written <br />approval provisions do not apply. The Board will hear the <br />matter at its February 15-16 meeting. Once a written <br />objection is received to an application, unless a written <br />withdrawal is received from all objectors, the matter has <br />to be brought before the Board for a decision. <br />OfFice of Office of Colorado <br />Mined Land Rxlama[ion Active and Inactive Mines Geological Survey <br />