2002-12-05_REVISION - M1978192 (5)

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~~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1373 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8706 December 5, 2002 Mr. Joe Nelson Chaffee County 104 Crestone Ave. Salida, CO. 81201 Re: Letter of Concern, Conversion Application (CN-O1), Circle 23 Pit, M-1978-192 Deaz Mr. Nelson: Enclosed is a copy of a letter of concern from Mr. Bob Woolmington (Circle 23 Ranch) regazding your conversion application. DIVISION O F MINERALS GEOLOGY( RECLAMATION MINING•SA FETY Bill Owens Governor Greg E. Walther Executive Director Ronald W. Cattany Acting Division Director Mr. Woolmington is concerned with property devaluation, dust, noise, health concerns arising from exposing sewer dumps, timely reclamation and the revised name of the operation. As previously noted, the DMG has no jurisdiction over property devaluation, dust, and noise but does regulate timely reclamation and exposure of sewer dumps (if they are within the permit azea) during mining operations. The DMG does require a specific name for the operation but does not limit or restrict what the applicant wants to call it (certain offensive words may not be allowed). The site is currently referred to as Pit Number 6. The applicant wants to change that to Circle 23 Pit. Is it necessary to change the name? Mr. Woolmington's letter was received December 4, 2002. This is 2 days after the comment period expired. After receiving the proof of publication yesterday, the DMG realized that the applicant published an incorrect date for the expiration of the comment period. The date of last publication occurred on November 7, 2002 so the comment period was suppose to expire on November 27, 2002 at 4:00 PM. However, the applicant selected December 2, 2002 (4:00 PM) as the last day for comments: Because the December 2, 2002 date was a product of the applicant and because it extends beyond the required 20-day comment period, this is the expiration date of the comment period. Which means the three (3) letters that were submitted on November 29, 30, and December 2, 2002 (Ms. Moore, Ms. Simon and Ms. Sawyer) are considered timely submittals if they are objecting to your application. The DMG will attempt to contact the concerned citizens to see if they are objecting to your application. if they aze, the DMG will set up a pre-heazing conference and schedule the matter before the Mined Land Reclamation Boazd, pursuant to requirements of Rule 2.