PERMFILE104344

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 3/6/2002
• Doc Name: Requirement to Re-publish Notice
• From: DMG
• To: Walter M. Rubeck
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 6t., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Mazch 6, 2002
Mr. Walter M. Rubeck
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
2010 Wold Ave. Michael B. Long
Colorado Springs, CO 80909 Division Director
Re: Requirement to Re-Publish Notice, New Permit Application, Topaz Mountain Gem Mine,
File No. M-2002-003
Dear Mr. Rubeck:
The Division completed a review of your response to the Division's February adequacy letter.
Except for two items (one significant) your application meets the minimum requirements of the
Act/Mineral Rules and Regulations.
One item involves your public notice. The notice did not provide for a comment period as
required in Rule 1.6.2(1)(d). A copy of this Rule is enclosed for your review. In addition, a copy
of the public notice form which was attached to your application package is also enclosed so you
can re-submit the notice to the Ute Pass Courier. As noted in the last pazagraph of the form, you
must provide the information to establish the 10-day comment period, and this information must
be included in your notice (the original notice did not have this information). This is a significant
error which activates Rule 1.6.6. In part, this Rule states that you must re-publish the notice and
that "all applicable deadlines shall begin to run anew." The time clock starts over. As noted in
the enclosed receipt notice, the comment and review periods began on Mazch 6, 2002 and the
new decision date is Apri15, 2002. You need to re-publish the notice by March 16, 2002 and
provide a 10-day comment period after the publication date. You will need to comply with all
other notice requirements and proof of notice submittals (to the DMG).
Remember, the DMG does not have to wait until April 5`" to approve the permit. It can be
approved on the day after the comment period expires. So, publish as eazly as you can and
submit copies of the notice to all owners of record of surface rights (USFS), holders of any
recorded easements (possibly the USFS for Road 211) and all owners of record of lands that are
within 200 feet of the boundary. Then submit proof that they were notified to the DMG.
The only other item that will need to be addressed is [he financial warranty, but that can be
submitted after the pern3it application is approved.
If you have any questions, please give me a call at 303-866-4060.