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999 <br /> December 14, 1978 <br /> Mr. William E. Nottingham <br /> Nottingham Sand 6 Gravel Co. <br /> P. 0. Box B <br /> Avon, CO 81620 <br /> RE: Eagle Pit, Eagle County <br /> Our File No. 78-352 INCOMPLETE LETTER <br /> Dear Mr. Nottingham: <br /> Upon reviewing your application for a Mining 6 Reclamation Permit received in this <br /> office December 7, 1978, the staff has determined that it is deficient/incomplete <br /> under the Colorado Mined Land Reclamation Act, Art.32, Title 34, CRS 1973 as amended <br /> (1976 Session Laws, H.S. 1065) . <br /> The following information must be submitted in order for your application to be con- <br /> sidered as filed (pursuant to the NLRB definition of "filed" as found in RULE 1.1(10) <br /> of the Rules 6 Regulations of the 11RB, as amended, effective July 1978: <br /> EXHIBIT Id - Local Government Approval -- pursuant to RULE 1.1(10) , we may process your <br /> application concurrent with your efforts to obtain local government approval, but you <br /> are required to submit evidence which indicates that local government approval is <br /> currently pending or will at least be considered within a reasonably short time by <br /> the appropriate governing body. <br /> EH[IBIT N - Other Permits or Licenses, and EXHIBIT 0 - Legal Right to Enter -- Your <br /> statement in your application that these requirements were replaced by RULE 9 is correct, <br /> to a point. However, you understandably misinterpreted RULE 9. This rule in, effectively, <br /> the old Exhibits A1, N and 0, and with the exception of the requirements of Exhibit H <br /> mentioned above, you are still required to furnish Exhibits N 6 0 information in order <br /> for your application to be considered complete (and therefore initiate the time periods <br /> specified by the Act for Board consideration of your application) . The staff and Board <br /> recognise that the language in Rule 9 is unclear and that cross-referencing from the <br /> Exhibits is needed. The Board will be formally clarifying this Rule during 1979. In <br /> the meantime, it is the staff position that you are required to submit the above data. <br /> We apologize for the confusion and any delays this may cause you. If you have any <br /> questions or need assistance, please contact Mark Heifner of this office, and he will <br /> be glad to assist you. <br /> Sincerely, <br /> P.S. I have enclosed a copy of our new 112 <br /> application form. The back page will <br /> Linda Henry explain the Exhibits M,N,O requirsmenta <br /> Permit ANslyst <br /> La <br /> cc: Mark Seifner <br />