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Prior to Division consideration of the application, the applicant needs to submit proof of <br />publication (pursuant to Rule 1.6.5(2)) and submit proof of notice to all owners of record of the <br />affected land and to all owners of record of surface lands that are within 200 feet of the boundary <br />of the affected land (pursuant to Rule 1.6.2(1)(g)). You have submitted the required proof. <br />However, the notice incorrectly describes the comment period. The notice states that "comments <br />or objections must be received no later than October 18, 2001." October 18, 2001 was the final <br />publication date not the expiration date of the comment period. The comment period should have <br />expired 20 days after the last publication date, or November 7, 2001. Because of this error, the <br />applicant shall be required to publish and mail a new notice of the application and, as a result, all <br />applicable deadlines shall begin to run anew (Rule 1.6.6). You must re-notice alI owners of <br />record of the affected land and all owners of record of surface lands that are within 200 feet of <br />the boundary of the affected land as you did with the initial notice and submit proof to the DMG <br />that they were notified (as you did with the initial notification). This re-notice is required because <br />you did not provide a comment period for objectors or for someone who just wanted to comment <br />on the application. This is a signiftcant error under DMG statutes. <br />Since a significant error occurred in the original publication notice, and because the notice must <br />be re-published, all applicable deadlines will start over. A revised DMG notice letter is enclosed. <br />As noted, you will have 10 days from the date of the notice letter to re-publish a notice. The <br />notice must run for four consecutive weeks and the comment period will expire 20 days after the <br />date of last publication. The revised decision due date shall be set for June 4, 2002. <br />If you have any questions, please give me a call at 303-866-4060. <br />Sincerely, <br />~~ <br />ames Dillie <br />Environmental Protection Specialist <br />cc: James Stevens <br />File <br />Enclosure <br />