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III 1111111411111111 ~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1311 Sherman 51., Rnom 215 <br />Denver, Colorado H0203 <br />Phnnr. 13011 866-3 56 7 <br />FAX: 13011 H32 ri l OL <br />December 18, 1995 <br />Mr. Art Stockebrand <br />Southway Construction Co., Inc. <br />117 White Pine Drive <br />Alamosa, CO 81101 <br />RE: Butcher Pit Application, File No. M-95-060 <br />Dear Mr. Stockebrand: <br />The Division received your latest response to the adequacy letter dated October 5, 1995. <br />The maps you submitted are acceptable. The Clerk and Recorder receipts you sent are <br />acceptable. <br />~~ <br />~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romcr <br />Governor <br />lames 5 Lo<hhead <br />Executive Di recmr <br />Mir-hzel B Lang <br />Drv~~~on Dnrclor <br />The proof of notice to the adjoining landowners that you sent indicate that you noticed the <br />landowners on December 14, 1995. This is somewhat surprising because you stated in your <br />November 27, 1995 letter, that "The first ad (newspaper publication] notice has been sent to the <br />adjacent landholders.' and '1 will forward the proof of mailings when they are received." <br />Since you did not notice the adjoining landowners until December 14, 1995, I am unable to <br />make a decision on your application, until January 18, 1996. We must provide sufficient time <br />for the adjoining landowners to comment or object to your application. Pursuant to <br />Rule 1.6.2(1)(e) you were required to mail or personally serve a copy of the published notice, <br />within 10 days after filing the application, to all owners of record of lands that are within 200 <br />feet of the boundary of the affected land. From your statement in the November 27, 1995 letter <br />I assumed this had been done. <br />Also enclosed is a copy of the recommended conditions stipulations for approval form the <br />Division received from the Office of the State Engineer. As noted in the comment section the <br />O.S.E. would like you to provide documentation from the City of Alamosa for the water you <br />intend to purchase. <br />If you have any questions give me a call. <br />Sincerely, <br />James Dillie <br />Environmental Protection Specialis <br />• <br />STATE OF COLORADO <br />Enclosure MiOSAammlSlakebnnH.;a <br />