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We are bound by statute to approve or deny an application within 90 days of the application <br />being filed with the Division, and 120 days where there is an objection to the application. If we <br />fail to make a decision within those statutory timeframes, the application is automatically <br />approved. <br />Our Statute and Rules allow for county and city governments to comment on new applications, <br />Rule 1.6.1. Rules 4.17.2(1), and 4.18(1) provide for counties to be notified at the time of <br />reclamation liability release (bond release). We encourage you to take advantage of these <br />opportunities. <br />Based on our files, the City of Brighton submitted its comments to the Division one day after the <br />close of the public comment petiod on application M2004-044. Since the City of Brighton's <br />comments were received after the close of the public wmment period, the City, at present, is not <br />a party to the application process f M2 4-44. Howev a City desires to become a party <br />we recommend that you refer t ales 1.7.1 2.6(1) an 2.7.3, closed. These Rules describe <br />the process for filing motions with e o <br />You also requested that the Division establish an annual review of ffie operation(s) in <br />conjunction with the City of Brighton and Adams County. If the annual review is to address the <br />issues stated in your letter, "air pollution, noise, traffiq and other `non-mining' issues", we do <br />not see where we maybe of service since we have no statutory authority to address those issues. <br />Our typical inspection schedule set by the Board is to inspect gavel mines at least once every <br />four years. However, we are always available to perform anon-scheduled none site inspection <br />where we have received a written complaint from an interested party. Such non-routine <br />inspections aze completed within 30 days of the written complaint. We visit the sites as soon as <br />possible if there is a possible serious human health or safety issue, such as a fuel spill. <br />There were other issues raised in your letter that the assigned Environmental Protection <br />Specialist will address as part of the Division's Adequacy review and inspections processes. <br />If I may be of further assistance to you or the City of Brighton, please feel free to call me at <br />(303) 866-4925, or I may be reached via a-mail at bruce.hur,~bries a state.co.us. <br />Encl: (1) <br />Respectfully, ~ <br />~~~~ 1 <br />H. Bruce Humphries, <br />Minerals Program Supervisor <br />cc: Ronald W. Cattany, Div. Director _ <br />Dr. Harry Posey, DMG - <br />Larry Oehler, DMG <br />Steve Brown, AGO <br />