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Please ensure that all appropriate names are shown on the Exhibit C map, and that this exhibit also reflects the same <br />list of names. All these parties must be notified of the filing of this conversion application (as discussed below). <br />The engineering evaluation from Trautner Geotech indicates a 20-foot setback between the proximal edge of a <br />structure and the shoulder of a 3:1 slope (composed of unmined native material). Is this 20-foot setback distance to <br />be a commitment for the mining and reclamation plans? The report also indicates a minimum horizontal offset to <br />be maintained between buried structures (of specified minimum depth) and mine haulage traffic, in order to <br />maintain the structure's stability and integrity. Is this offset distance to be a commitment for the plans? <br />Other Items <br />The notice of filing this conversion application was to be published four times, as stated in the Division's letter <br />dated 11/2/05. Please provide this office with a notarized affidavit of publication prior to the decision date. Io- <br />date, this office has not seen a copy of the legal notice, and cannot verify whether the legal description or public <br />comment period dates were correct. If the notice was materially incorrect, it must be republished. For your <br />information, this office has not received any adverse public comment about the application. <br />Also noted in the Division's letter dated 11/2/05, the applicant must provide proof of sending individual notices to <br />all owners of property, easements, structures, etc. This set of names should match those identified on the Exhibit C <br />map(s) and included in Exhibit S. Please ensure that this includes Southern [ate, CDOT (Hwy 172), and any <br />landowners across the highway within 200 feet. <br />All adequacy response materials, especially maps, must be submitted in duplicate. Please ensure the maps are <br />signed and dated. <br />The decision date is set for January 23, 2006. If a republication is necessary (with the subsequent public comment <br />period) the date will be extended. If the upcoming adequacy responses constitute revisions or are considered <br />complex, this office will extend the decision date. If additional time is needed to prepare and submit the adequacy <br />responses, you may request an extension of the decision date, in writing. I am required to state that if the <br />application and exhibits are not adequate for approval, by the close of business on the decision date, this office may <br />deny the application. <br />Please contact me at the Division's Durango field office if there are any questions. I may be reached at: Division of <br />Minerals and Geology, 701 Camino del Rio, Room 125, Durango, CO 81301; telephone 970-247-5193 and fax <br />970-247-5104. <br />I will be out for a few days around Christmas, but back at the office beginning December 28, 2005. Have a Merry <br />Christmas. <br />Sincerely, <br />~~/~ ~~4~ <br />Bob Oswald <br />Environmental Protection Specialist <br />Ec: Harry Posey, DMG <br />Cc: Todd Fisher, LBCR, LLC (successor operator and CN-O1 applicant), 1440 Blue Sage Ct., Boulder, CO 80305 <br />Walter Bump, Fesco, Ina (current operator), PO Box 1895, Bloomfield, NM 87413 <br />C:~Ignacio cn01 par/rco <br />