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rights to the affected land, and all owners of record of surface <br />lands that are within 200 feet of the boundary of the affected <br />land,. within ten (10) days after filing of the application with the <br />Office. The Orion Pit application was considered filed on June 3, <br />1997, however the applicant's mailing of the public notices <br />occurred during November and December of 1994. Also, the applicant <br />failed to mail a copy of the public notice to one of the surface <br />owners of the affected land, specifically the Montezuma County Road <br />and Bridge Department, and also failed to notify an owner of record <br />of land surface within two hundred feet of the affected land, <br />specifically Tom and Virginia Colbert. <br />3) The failure of the applicant to show the name and location of <br />all buildings and power & communication lines on the area of <br />affected land and within two hundred (200) feet of all boundaries <br />of such area, as required by Section 34-32.5-112 (3) (e) of the <br />Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, and Rule 6.4.3 (b) of the Construction Materials Rules <br />and Regulations. A pre-operational inspection of the site <br />conducted by the Division on August 28, 1997 revealed the existence <br />of several buildings, power and communication lines on and within <br />200 feet of the proposed affected area. However, only a small <br />percentage of these structures are shown on the maps provided with <br />the application. <br />4) The failure of the applicant to show the owner's name, type of <br />structures, and location of all permanent or man-made structures <br />contained on the area of affected land and within two hundred (200) <br />feet of the affected land, as required by Rule 6.4.3 (g) of the <br />Construction Materials Rules and Regulations. Apre-operational <br />inspection of the site conducted by the Division on August 28, 1997 <br />revealed the existence of many such structures including houses, <br />barns, sheds, fences, utility lines, irrigation ditches, and water <br />storage impoundments situated on and within 200 feet of the <br />proposed affected area. However, only a small percentage of these <br />structures are shown on the maps provided with the application. <br />5) The failure of the applicant to locate on the map (in Exhibit <br />C) wells, springs, stock water ponds, reservoirs, and ditches on <br />the affected land and on adjacent lands where such structures may <br />be affected by the proposed mining operations, as required by <br />Section 34-32.5-112 (3) (e) of the Colorado Land Reclamation Act <br />for the Extraction of Construction Materials, and Rule 6.4.7 (2) <br />(a) of the Construction Materials Rules and Regulations. A pre- <br />operational inspection of the site conducted by the Division on <br />August 28, 1997 revealed the existence of springs, stock water <br />ponds, trout rearing ponds, and ditches situated on and immediately <br />adjacent to the proposed affected area. However, only a small <br />percentage of these features are shown on the maps provided with <br />2 00336 <br />