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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />7 313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />D t v t S t o N o r <br />Phone: (303) 866-3567 MINERAL S <br />FAX: (303) 832-8106 ~ & <br /> GEOLOGY <br /> RECLAMATION <br /> - MINING•SA FETY <br />Bill Owens <br />December 5, 2002 Governor <br />Greg E. Walther <br />Concerned Citizen Executive Director <br />Acting Division Director <br />Re: Receipt of Letter of Concern, Chaffee County Conversion Application (CN-O1), Circle 23 <br />Pit, M-1978-192 <br />To Whom It May Concern: <br />The Division of Minerals and Geology (DMG) received your letter of concern regazding the <br />referenced mine site. Ms. Moore's letter was received on November 29, 2002, Ms. Simon's was <br />received on November 30, 2002, Ms. Sawyer's letter was received on December 2, 2002 and Mr. <br />Woolmington's letter was received on December 4, 2002. <br />In order to become a party, an objection must be submitted and must comply with the <br />appropriate deadline. Pursuant to requirements of Rule 1.7.1(2), "in the case of a 112 <br />Reclamation Permit Application, such written comments, protests, and petitions for a hearing <br />must be received by the Office not more than twenty (20) calendaz days after the last date for the <br />newspaper publication of notice..." The last day of publication, according to the proof of notice <br />of publication, was November 7, 2002. That means the comment period expired at 4:00 PM on <br />November 27, 2002. However, for whatever reason, the applicant extended the expiration date of <br />the comment period to December 2, 2002. As noted above, three (3) letters of concern were <br />receivedbefore the comment period expired and one (1) letter was received after the comment <br />period expired. As such, three of the letters of concern are timely submittals. Now, the question <br />is, do any, or all, of the three citizens object to the conversion application? Lf so, confirm your" <br />objection (state why you aze objecting and cite the statute or mineral rule applicable to your <br />objection). In the event you aze objecting to the conversion application, since your submittals <br />were timely, the Division shall set the permit application for a hearing before the Boazd <br />according to the provisions of Rule 2 (see Rule 1.7.4(2)). This will involve apre-hearing <br />conference and a Board hearing. Both hearings will be held in Denver, Colorado. <br />The DMG reviewed the letters and has the following comments: <br />1. None of the citizens objected to the application. <br />2. The concerns that the citizens have (property devaluation, noise, dust, traffic) aze local <br />issues that do not fall under the jurisdiction of the DMG. <br />3. Deer, antelope and elk aze, generally, not affected by these small mining operations. <br />