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• iii iiiiiiiiuiu iii ,, STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources I3I) Sherman SL, Room 215 Denver. Colorado 80203 DIVISION O F Phone: ao31 96h-7se2 MINERAL 5 FAX (7(131 A32-9106 & GEOLOGYII N E C L A M A T I O N` MINING•SAFETY II Bill Owens Governor May L 2001 eras E. walener E ~etuuve Dueaor Mr. Phil Dorenkamp, Supervisor h+ichael B. ~ ong Division DIIPOC' Las Animas County Road and Bridge Dept. 2000 N. Linden Trinidad, CO 81082 RE: Sandoval L & C Co. Pit (File M-2001-015) Review of County adequacy response Dear Mr. Dorenkamp: Tfte Division has reviewed the County's adequacy response received by fax transmission on April 27, 2001 and has identified the following remaining adequacy concern: NOTICES: The newspaper notice of the application made for the Sandoval Pit, apparently published on April 17, 2001, indicates that comments on the application must be received by the Division by 4:00 p.m. on April 26, 2001. Rule 1.7.2(2) (and your application directions) specify that the public comment period ends 10 days after the last date of the newspaper publication. The notice the County published allowed only 9 days for comment. The County must publish another notice of the application and indicate that written public comments, in order to be considered, must be received by the Division within 10 days after the date of that publication. Proof of that new public notice must then be supplied to the Division. (Because a new public notice of the application is required, the provisions of Rule 1.6 6 now apply which means that all duadlines applicable to the application shall begin to run anew. As a result, a new decision d;.te of June 6. 2001 has now been set for the application. Since the application is in all other respects approvable, assuming the original adequacy response and associated materials are received by the Division, the Division will not necessarily delay its decision until June 6, 2001. The Division, however, will not make its decision until the required l0 day public comment period associaed with the new public notice has expired, and any new adequacy issues requiring resolution and identified dunng the new public comment period are addressed.) NOTICES: The Division will accept the evidence provided that the co-owners. of the surface and mineral rights to the land to be affected by the operation have been notified of the application, provtding the copies of the notice with the original signatures of the co-owners are provided. REMAINDER OF ADEQUACY RESPONSE: The Division will accept the County's responses in regard to Exhibits B. C, E and F as adequate, providing the original adequacy response is supplied. NOTE: As a result of the necessity for the County to publish a new newspaper notice of the application, [he new decision dale for the application is officially set as June 6, 2001. Please respond fully to the above identified adequacy issues well enough in advance of that dale that the Division will be able to review the response, deal with any remaining concerns, and consider approval of the application at least by that time. Should you not be able to respond fully by June 6, 2001, please provide a written waiver of [he County's right to a decision on that date in order to avoid a denial of the application and to allow the permitting process to continue. i(you have any questions of the above, please contact me. Sincerely, ~~.h~~ GS-~-t.~ James G Stevens Sr. Specialist