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referenced in Mr. Kinney's June 17, 1997 correspondence were published and mailed can be found <br />in the Division's Orion Pit application file in letters from the Division to the applicant dated November <br />1, 1994, December 13, 1994, January 3, 1995, and May 14, 1997. <br />Because of the failure of the applicant to follow the notification requirements asset forth in the Rules, <br />the Division must issue an application denial recommendation by the August 7, 1997 decision date <br />unless the applicant re-publishes the newspaper notice, re-notifies all current owners of record of <br />surface rights and all owners of record of lands that are within 200 feet of the boundary of the <br />affected land, requests from the Division in writing a 90 day extension to the proposed decision date, <br />(90 days from the date of this letter with the applicant publishing notice within 10 days of the date <br />of this letter), and meets all technical adequacy requirements of the Act end Rules. The 90 day <br />extension is necessary due to the need to publish and mail a new notice of the application, and to <br />provide the public a full opportunity to participate in the review process as provided for in the Rules. <br />Additionally, due to the length of time that has passed since the original list of surface owners .was <br />obtained by the applicant (October 1994), and the possibility that surface ownership has changed <br />since that time, the applicant will need to re-check surface ownership records to ensure that notice <br />of the application is provided to all current owners of record of surface rights and all Curren owners <br />of record of lands that are within 200 feet of the boundary of the affected land. <br />Please contact me at the Durango Field Office, 970-247-5062 if you have any questions or if I can be <br />of further assistance. <br />Sincerely, <br />Tom Gillis <br />Senior Environmental Protection Specialist <br />/tdg <br />m115cor4.tdg <br />CERTIFIED MAIL NO. P 332 109 049 <br />Return Receipt Requested <br />cc: Charles G. Kinney, Esq. <br />oozzi <br />2 <br />