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• III IIIIIIIIIIIIIIII • <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(halural Resources <br />1113 Sherman S'.., Room 215 <br />Dem-er, ColoraAo 80203 <br />Phone: U03) 8hb~3587 <br />FAX: 1303) 832-E1106 <br />R~rFIVED <br />DENVER OFFICE <br />PUBLIC FILE COPY <br />FILE: i1~-89-o3a <br />S1TE:_~rtpi~A- n~T- <br />laNl~StaN Ft~ <br />~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Nuv ~ q 1997 <br />November 17, 1997 Divislcn ui ~~~~nelau a Geology <br />Mike Horner <br />San Mig~3el County Road and Bridge Dept. <br />P.O. Boa: 426 <br />ROy Romer <br />Governor <br />James 5. Lochhead <br />Executive Direcmr <br />NolwooEi CO 81423 h,icnae~ g. Long <br />Division Director <br />Re: Zadra Pit, Permit No. M-89-030, Amendment Materials Submitted for 1 12 Conversion <br />Application, and Second Adequacy Review. <br />Dear Mr Horner, <br />I have reviewed the materials regarding the above-named application, as submitted recently on <br />your beh.3lf by Ken Herman. There are t~vo main portions of this response letter, the explanation <br />of the "amendment" designation and the newest adequacy review. <br />First, the conversion application which was initially received and reviewed, has been modified to <br />the extent that there are an additional ten acres proposed to be added. This will increase the size <br />of the permit to fifty acres. lfyou refer to Construction Materials Rule 1.I(6), you will see that <br />any chan;;e to a permit or an application which increases its acreage is to be considered an <br />amendmEnt. Rule 1.6.6 further states that if the change to the application fits the definition of <br />amendlne:nt, the operator must publish a new notice and mail new notices to all affected parties, <br />and all tilneframes will begin anew. I have noted that there are no other substantial changes to <br />what I have already reviewed, and I do not believe that the Division's decision will have to wait <br />longer th.3n the expiration of the public comment period. Therefore, I urge you to commence <br />immediately with the republication of the four notices, and sending of individual landowner and <br />agency n~3tices again. The proof of publishing, sending, delivering, etc. are required again also. <br />(The language in the prior notice maybe modified. The public comment period for the notice <br />should be: calculated to expire at the close of business on the twentieth day after the last of the <br />four publications.) <br />Second, the following items are the adequacy comments from the review of the recent submittal. <br />They are arranged in order of portion of the application form or exhibit to which they pertain. <br />Application Form Item 3 -Permitted Acreage <br />According to our records, the existing acreage is 9 acres, not 10 acres (to be a 110 permit, it must <br />be below ]0 anyway). If you intend to enlarge the permit to 50 acres total, then I will modify the <br />form to reflect that you are proposing to add 41 acres to the existing 9. Please let me know if that <br />is not correct. (Our Denver office manually made a similar correction to your original conversion <br />