REP05601

• Permit No: M1994114
• IBM Index Class Name: Report
• Doc Date: 11/18/1997
• Doc Name: ADMINISTRATIVE RECORD
• Media Type: D
• Archive: No

DURgNC,~
OFFiC~
STATE OF COLORADO
DIVISION OF MINERALS AN'D GFOLOGY
Oepanmenl of ~'awral Resources
1313 Sherman St , Room Zi 5
Dem~e~. Colorado 80:03
Phone: X3031 866-3567
FA%:13031 83:-8106
August 30, 1997
Richard L. Eason
Berenbaum. Weinshienk, and Eason
26th Floor, Republic Plaza
370 17th Street
Denver, CO 80202-5626
RE: Orion Pit Decision, File No. M-94-115
Dear Mr. Eason:
~~~~~
DEPARTMEI~TT' OF
NATURAL
RESOURCES
Roy Rome,
Governor
lames 5. Lochhead
&ecmiae Director
Michael B. Long
Divivon Dueaor
The Division is recommending denial of the application submitted by
Stephen H. Kinney for the Orion Pit. The reasons for this
recommendation are based on a finding by the Division that the
Orion Pit application is inadequate in several respects. A
detailed explanation of the inadequacies of the application can be
found in Division correspondence to the applicant dated August 21,
1997, and in other correspondence generated by the Division during
the review period. Specific reasons for the denial recommendation
are listed below:
1) The failure of the applicant to cause notice of the filing of
the application to be published not more than ten days after the
filing of such application with the Board or Office, as required by
Section 34-32.5-112 (9) (b) of the Colorado Land Reclamation Act
for the Extraction of Construction Materials, and Rule 1.6.2 (1)
(d) of the Construction Materials Rules and Regulations. The Orion
Pit application was considered filed on June 3, 1997, however the
applicant's publication of the public notice occurred on November
3, 10, 17, and 24, 1994.
2) The Failure of the applicant to mail a copy of such notice
immediately after first publication to all owners of the surface
and mineral rights of the affected land, and the owners of record
of all land surface within two hundred feet of the affected lands,
as required by Section 34-32.5-112 (9) (c) of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. In
addition, the applicant failed to comply with the requirements of
Rule 1.6.2 (1) (e) by not mailing or personally serving a copy of
the public notice to all owners of record of surface and mineral
00349