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~FCEIVED <br />JUN 0 3 1997 <br />(•HART.F.S G. RINNEY, ESQ. <br />5826 Presley Way ~;.,,c.~r~,,,,.,~~~araisdGe010gy <br />Oakland, CA 94618 <br />(510) 654-5133 <br />May 29, 1997 <br />Mined Land Reclamation Board <br />Attn: Lavern P. Lemay <br />Minerals Program Assistant <br />Division of Minerals and Geology <br />Dept. of Natural Resources <br />State of Colorado <br />1313 Sherman St., .Room 215 <br />Denver, CO 80203 <br />Re: Issuance of Permit for Application #M-94-115 [ORION PIT] <br />(Protest on Application #M-97-020 [YOUNG GRAVEL SOURCE]) <br />Dear Mined Land Reclamation Board: <br />We received your getter dated May 14, 1997 regarding Stephen H. <br />Kinney's ("Kinney") application noted above. Your statements <br />regarding documents received by the Division of Minerals and <br />Geology ("DMG") are incorrect. <br />First, we have complied with all "requirements" specified in the <br />Mineral Rules and Regulations for particular "language" in our <br />submitted Irrevocable Letter of Credit. See Mineral Rules and <br />Regulations 4.1.2, 4.3.4, and 4.7. <br />Second, in early 1995, we sent documents that comprise Exhibit R - <br />Proof of Mailing of Notices to the Montezuma County Commissioners <br />and the Mancos Soil Conservation District (S.C.D.). On Nov. 1, <br />1994, DMG asked for a list of additional items. On Dec. 5, 1994, <br />Kinney sent 8 maps to DMG and noted his discussions with USDA <br />S.C.S., who were coordinating a response and recommendation with <br />the S.C.D. In that letter, Kinney said he would send Exhs. R and <br />S along with *_he S.C.S. letter when he received it.. On Dec. 23, <br />1994, Kinney sent 4 additional maps. On Jan. 3, 1995, DMG said <br />they still hadn't received Exh. R (because Kinney had not received <br />the S.C.S. letter), but DMG had received Exhs. S and J and the <br />revised maps. On Jan. 13, 1995, Kinney sent the revised maps to <br />the County Commissioners and S.C.S. On Jan. 18, 1995, Kinney <br />received the S.C.S. letter, and on the same day, sent to DMG the <br />Exh. R proof of mailings and this S.C.S. letter, which mentions the <br />recommendations of S.C.S and S.C.D. Copies of these submittals to <br />DMG are attached in this letter along with Kinney'5 Dec. 5, 1994 <br />letter. <br />I suspect that Exh. R for the ORION PIT was misplaced since Stephen <br />H. Kinney had another application being considered by DMG at that <br />QUT~~(VGO ooi37 <br />'OFFICE r. <br />