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• ~ w A~~ ~ • <br />III IIIIIIIIIIIIIIII OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY 999 ~ ~~ <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, Colorado 80203 <br />Phone: (303)866-3567 <br />FAx: 1303)8328106 <br />December 3, 1999 <br />Mr. Scott E. Johnson <br />Summit Engineering Co. <br />1317 State Ave. <br />Alamosa, CO 81101 <br />RE: Pit l (File M-99-073) Division's review of applicant's adequacy response <br />Dear Mr. Johnson: <br />The Division's review of the fax material received on 122/99 which you supplied in response to the Division's <br />11/3/99 adequacy review of the application for Pit 1 has identified the remaining adequacy concems: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />R E C L A M A T I O N <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Michael B. Long <br />Division Director <br />Rules 1.6.2 (I) (e) (ii) and (f): To date, only evidence of notifying 4 of the owners of record of surface <br />lands within 200 feet of the land to be affected by the mining operation has been supplied. This evidence is in [he <br />form of"green cazds" indicating receipt of the notices. Excluding Evan Melby, there appear to be some 18 other <br />owners of nearby property for which no evidence has been supplied of notices of the pit being mailed or received or <br />being retttrtted. <br />The Division must have adequate evidence of the notices required by this rule having been sent and either <br />received or re[umed in order [o consider approval of the application. (See Rule 1.62 (I) (g).) <br />NOTE: in regard to EXHIBIT C, although requested to do so by the Division, you have not chosen to <br />provide a complete and revised Exhibit C addressing all the requvements of the Exhibit. As a result, responses to <br />those requirements are now scattered over not just 3 bu[ 4 different documents. Although you have verbally advised <br />the Division to ignore the material submitted with the original application, unless that material is included in the <br />application, where applicable, all the requirements of Exhibit C cannot be met. As a result, in the case of conflicting <br />responses to the various requirements of this exhibit, the Division will consider the most recent response as the <br />applicable/intended one. If that is not agreeable, please provide written notice of that. <br />NOTE: !n regard to EXHIBIT D, although requested to do so by the Division, you have not chosen to <br />provide a complete and revised Exhibit D addressing the requirements of the Exhibit. As a result, as in the case of <br />Exhibit C, responses to the requirements of this exhibit are scattered over several documents. Therefore, in the case <br />of conflicting responses to Ute requirements of this exhibit, the Division will consider the most recent response as <br />the applicable/intended one. If that is not agreeable, please provide written notice of that. <br />EXHIBIT D (Rule 6.3.4 (c) (ii), (v) and (vi): The application and adequacy review response do not address <br />the requirements of these roles. <br />The applicant should respond to the requirements of these roles. <br />EXHIBIT E (Rule 6.3.5 (2)): A revised and acceptable Mine Plan Map has not been provided. <br />The applicant must provide a revised Mine Plan Map that addresses the concems expressed in the <br />Division's 11/3/99 adequacy review. <br />EXHIBIT E (Rule 6.3.5 (3)): A revised and acceptable Reclamation Plan Map has not been provided. <br />The applicant must provide a revised Reclamation Plan Map [hat addresses the concems expressed in the <br />Division's l l/3/99 adequacy review. <br />