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III IIIIIIIIIIIII III <br />• • <br />STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FA%: (303) 832-8106 <br />May 17, 1999 <br />John DeVore <br />Gunnison County Manager <br />Courthouse Square <br />200 Eas[ Virginia <br />Gunnison CO 81230 <br />DECEIVED <br />MAY 2 4 1999 <br />,~ of Minerah & Geology <br />COLORADO <br />D(~1~~~/ <br />PUQLlC ~ OFP~CE <br />FIDE; E COPY <br />SITE; ~ -a <br />v~ <br />Re: Response to County concerning Notice of Filing of (Possible) New Application for Yule Quarry. <br />Dear Mr. DeVore, <br />~~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Esecu Yre Direuor <br />Michael B Long <br />Division DueUOr <br />In response to your letter [o our office, dated 5112/99, concerning the Notice named above, the Division would like to clarify a <br />couple of points. The Notice mentioned above is for a new State reclamation permit application, probably soon [o be filed, by <br />Siena Minerals Corporation for the Yule Quarry. The application has no[ yet been filed with this Division, and our formal <br />procedures of assigning a new file number and sending agency notices has not occurred. <br />Regarding preserving your right to comment on the upcoming application, and to a hearing before the Mined Land <br />Reclamation Board, let me refer you to Construction Materials Rule 2, which describes the public nature of hearings, public <br />notices for such hearings, Board decisions and the appeals process. Please review the provisions of this rule for clarification <br />regarding [he rights of identified parties and other procedural matters. <br />Regarding your request that we notify the Board of County Commissioners when such an application is filed, please be aware <br />that both Ute Division and the applicant are required by rule to notify the Board of County Commissioners of the county in <br />which the permit application has been filed. This is the Notice you referred to in your letter. Then. after the Division finds the <br />application administratively "complete", we send out a set of agency notices, which includes one to your commissioners. <br />Additionally, the applicant must provide proof to us of having placed a complete copy of the application for public re~~ew at <br />Ute office of your county Clerk and Recorder. Finally, the applicant must publish notice in the local paper regarding Ute <br />application, with the publication stating Ule end of the public comment period. <br />The procedure to notify you is in place, but if you wanted to review the application itself, perhaps some informal mechanism <br />in[emal to your county offices could be implemented to alert you as to when such an application was placed ott file at Ute clerk <br />and recorder's. <br />The procedures described above are defined in the Rules and strictly followed. Division staff do not have the authority to <br />provide any "extra" notice beyond that specified by mle. If you have questions about this letter, or about any aspect of Ule <br />application procedure or the upcoming application iuelf, please contact me. I can be reached at the Division's Durango field <br />office: 484 Tumer Dr., Bldg. F-101, Durango CO 81301; tel 970/247-5193 or fav 970/247-5104. <br />Sincerely, <br />~~~. ~~~ <br />Bob Oswald <br />Environmental Protection Specialist <br />a:\gunn bocc/rco <br />