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i, ao :3C~F•11 IQ' ZIJEFALSSGEOL~'Sti" <br />11~:~. 6?C+ F. _ _ <br />In my copy of the DMG Rules (rev. 4/94), the publication notice is <br />found in Rule 1.6.2(1)(c), whereas Rule 1.6.2(1)(d) requires notice <br />t0 the surface owner. The Applicant complied with the publication <br />requirement when he published the newspaper notices on Nov. 3, Nov. <br />l0, Nov. 17, and Nov. 24, 1994 which is within l0 days after he had <br />filed his application on Oct. 26, 1994. <br />You state that the words "after filing" mean after the Division has <br />deemed the application "complete". Specifically, on page 2 of your <br />letter, second paragraph, you consider an incomplete.application to <br />be "not considered filed or submitted". Where in the Rules do you <br />get the interpretation that "after filing" [as used in Rule <br />1.6.2(1)(c)] means the same as "deemed complete"' <br />We maintain that the application must be considered within 120 days <br />after "receipt" of the application, pursuant to Rule 1.4.5(3). <br />From that same subsection, the words "receipt" and "after filing" <br />of the application are used interchangeably. Likewise,. in Rule <br />1.4.11(3), the automatic approval occurs after 120 days from the <br />"receipt of an application". Where in the Rules is the language <br />allowing the Division to calculate the 120 days from when they deem <br />an application "complete" as contrasted to calculating the 120 days <br />from the date of the "filing" of the application' <br />With respect to Rule 4.7(3), the documentation of the bank's <br />balance sheet is required With the Operator's annual report, which <br />is not yet due. As for your statement of the "DMG's policy", <br />please provide a copy of that policy if it is written (or if <br />unwritten, an explanation of that policy and the underlying <br />authority that allows the Division to have such an unwritten <br />policy). <br />With respect to the proofs of service, all of the receipts numbered <br />Z 743 379 137, Z 743 379 139, Z 743 379 152, and Z 743 379 153 <br />belong in the ORION PIT application file. You have incorrectly <br />placed some of those in the MARS PIT application file. <br />With respect to the Division's decision to consider the YOUNG <br />GRAVEL SOURCE to be filed earlier than ORION PIT solely because it <br />was "deemed complete" earlier than the ORION PIT, please cite the <br />Rule that allows you to use that criteria rather than the date of <br />"Piling" of the respective applications. <br />Sinc^ere0ly, 0 <br />C~- <br />Charles G. Kinney <br />CGR/rr <br />cc: client <br />Co-Counsel <br />00215 <br />