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DURANGO <br />OFFPCE <br />STATE OF <br />LORADO <br />DIVISION OF MINERALS AN'D GEOLOGY <br />Department of Nawral Resources <br />7 313 Sherman St., Room 115 `yL <br /> <br />Deneer, Colorado 80?03 ~ <br />~~ <br />y <br />Phone: 13D3) 866-3567 III <br />FAX: 13071 83~~B1D6 <br /> DEPARTMENT OF <br /> NATURAI. <br /> RESOURCES <br />August 30, 1997 Roy Romer <br /> Governor <br />Charles G. Rinney, E9Q. James S. LOC hhead <br />5826 Presley Way Exec unse Duecior <br />Oakland, CA 94618 Michael B. Long <br /> Divifion Dnecror <br />RE: Orion Pit Decision, File No. M-94-115 <br />Dear Mr. Kinney: <br />The Division is recommending denial of the application submitted by <br />Stephen H. Kinney for the Orion Pit. The reasons for this <br />recommendation are based on a finding by the Division that the <br />Orion Pit application is inadequate in several respects. A <br />detailed explanation of the inadequacies of the application can be <br />found in Division correspondence to the applicant dated August 21, <br />1997, and in other correspondence generated by the Division during <br />the review period. Specific reasons for the denial recommendation <br />are listed below: <br />1) The failure of the applicant to cause notice of the filing of <br />the application to be published not more than .ten days after the <br />filing of such application with the Board or Office, as required by <br />Section 34-32.5-112 (9) (b) of the Colorado Land Reclamation Act <br />for the Extraction of Construction Materials, and Rule 1.6.2 (1) <br />(d) of the Construction Materials Rules and Regulations. The Orion <br />Pit application was considered filed on June 3, 1997, however the <br />applicant's publication of the public notice occurred on November <br />3, 10, 17, and 24, 1994. <br />2) The Failure of the applicant to mail a copy of such notice <br />immediately after first publication to all owners of the surface <br />and mineral rights of the affected land, and the owners of record <br />of all land surface within two hundred feet of the affected lands, <br />as required by Section 34-32.5-112 (9) (c} of the Colorado Land <br />Reclamation Act for the Extraction of Censtruction N3aterials. In <br />addition, the applicant failed to comply with the requirements of <br />Rule 1.6.2 (1) (e) by not mailing or personally serving a copy of <br />the public notice to all owners of record of surface and mineral <br />nn342 <br />