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Received <br />JUL 1 8 1SS7 <br />Durenpo Field Office <br />Division of Minerals 8 Geology <br />I IE PAL °_• ~~ r E OL C": ~' <br />CHARLES G:• KZNNEY, ESQ. <br />5826 Presley Way <br />Oakland,'~CA 94618 <br />(510) 654-5133 <br />July 15, 1997 <br />Mined Land Reclamation Board <br />Attn: Thomas D. Gillis <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 />NO,F.a[1 F.c'3 .. <br />DURgA1~ <br />OFFICE <br />~~CC~/vro <br />J~ C <br />Br~rsryy"~~il,` ,~ 18Bj <br />-rR~,~~,~ih/~y <br />Re: Issuance of Permit for Application ~M-94-115 jORION PIT] <br />and Protest on Application ~4M-97-020 [YOUNG GRAVEL SOURCE] <br />Dear Pir. Gillis: <br />We received your letter dated July 3, 1997, <br />it may be speculation that the Division lost the Exhibit R (or Q) <br />information for the oRION PIT application. It is NOT speculation <br />that the notices were actually given to the appropriate persons by <br />the Applicant/Operator, Stephen Kinney, because there were numerous <br />responses received,by the Division regarding the ORION PIT. <br />Furthermore, even though the Division had received numerous <br />responses objecting to the ORION PIT, the Division never sent those <br />letters to the Applicant/Operator in a timely manner. Those <br />objection letters in:lude: Young (11/14/94), S9olcott (12/1/94), <br />Baikie (12/6/94), Doty (12/10/94), Mitchell (12/15/94), Keith <br />(12/15/94), Hill (12/31/94), and Burton (1/3/95). We saw these for <br />the first time when we received your July 3, 1997 letter. <br />According to the DMG Rules, Rule 1.7.1(2), the Division "shall <br />"immediately provide a copy of the statement(s) to the operator" <br />upon its receipt of any objection letters. The Division is solely <br />responsible for this specific act, and has not fulfilled its <br />responsibility since these letters were not timely forwarded to the <br />Applicant. Why has it taken 2 and 1/2 years for the Division to <br />forward these objection letters to the Applicant? <br />We maintain that the Division has ignored this application by <br />neglecting to forward these objection letters, and i:as had a co-unon <br />plan or design to ignore applications by mineral owners for sand or <br />gravel applications. h°hen has the Division approved a sand or <br />gravel application by a mineral owner over the objections of a <br />surface owner? Please send the names and addresses of all examples <br />of such operations. <br />00214 <br />