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<br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 B6fi-3567 <br />FAx 30;f 8328106 <br />~T"T'~ OF COLORADO <br />III IIIIIIIII IIII III J Op C0~4 <br />~~ ~'8 <br />:n;~8~y. <br />~ r8]6 ~ <br />Roy Romer. <br />Governor <br />Michael B. Long, <br />Division Director <br />August 19, 1992 <br />Mr. Gary Tuttle <br />Tuttle-Applegate, Inc. <br />11990 Grant Street <br />Denver, Colorado 80233 <br />RE: Adequacy Review, 83rd Joint Venture Resource, File No. M-92-069 <br />Dear Mr. Tuttle: <br />Enclosed are adequacy review comments for the above-referenced permit <br />application. Please respond to these concerns by September 8, 1992 to ensure <br />the permit can be issued by the due date of September 21, 1992. <br />1. Rule 2.1.214-1a1 requires a map on which all immediately adjacent surface <br />owners of record are legibly portrayed. You have listed property owners <br />within two hundred feet, but Exhibit C Map does not indicate the limits of <br />each owners property. Exhibit C Map does not show a two hundred foot <br />perimeter from the affected area. All man made structures as well as the <br />name and location of all creeks, roads, buildings, oil and gas wells and lines, <br />and power and communication lines on the area of affected land and within <br />two hundred feet of all boundaries of the affected area must be legibly <br />portrayed (Rule 2,1.214)(b) and Igl)• <br />2. A two hundred foot setback is indicated from the affected area to residences <br />in the SW and SE corners, however, the topsoil stockpiles being proposed <br />are within the two hundred foot limit. Section 115141(d) of the Act states <br />that where the mining operation will adversely affect the stability of any <br />significant, valuable, and permanent man-made structures located within <br />two hundred feet of the affected land, except where there is an agreement <br />between the operator and the persons having an interest in the structure, <br />that damage to the structure is to be compensated for by the operator. <br />Exhibit D states the existing house on the west side of the property may be <br />used as an office or storage area, however, it is not clear if this residence is <br />owned by 83rd Joint Venture Resource. The Division needs signed <br />agreements with the owners of these two residences for any additional <br />