REP41761

• Permit No: M1994114
• IBM Index Class Name: Report
• Doc Date: 11/18/1997
• Doc Name: ADMINISTRATIVE RECORD
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmem of Natural Resources
1313 Sherman 51., Room 215
Denser, Colorado 80203
Phone: [phone]
FA7i: (3031 832-8106
August 8, 1997
Mr, Charles G. Kinney, Esq.
5826 Presley Way
Oakland, CA 94618
RE: File No. M-94-115, Orion Pit Application
Dear Mr. Kinney:
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
fames S. Lochhead
Eaecmive D"Mpr
Michael R. Long
Division Direc~o~
This letter is in response to your two letters dated July 15 and July i8, 1997 that were received by
the Division on July 18 and July 21, respectively.
Your July 15, 7997 Correspondence:
Your letter did not indicate which specific notices you were referring to in your statement that "the
notices were actually given to the appropriate persons by the applicant/operator". It is important to
distinguish between: 11 The notices that comprise Exhibit R (now OI; 2) The newspaper notice; and
3) The notices that are mailed to all owners of record of surface rights and all owners of record of
surface lands that are within 200 feet of the boundary of the affected land.
1) For the notices that comprise Exhibit R (now OI, Rule 1.6.2 (11 la) regLdires that proof of
providing the notices to the Board of County Commissioners and the Board of Supervisors of
the Soil Conservation District be included with the application at the time the application is
submitted to the Office for filing, and that proof of providing the notices be in the form of a
return receipt of a Certified mailing or adate-stamped copy of the notice acknowledging receipt
by the appropriate local Board. As we have explained to you in previous correspondence, the
Division did not receive the Exhibit R (now O) information (return receipt card nos. Z 743 379
137 & Z 743 379 139) until June 3, 1997, therefore the application was incomplete prior to
that date and not considered received, tiled, or submitted. The Division has also indicated to
you in previous correspondence that return receipt card nos. Z 743 379 152 & Z 743 379 153
were submitted as an attachment to the applicants 1 /16/95 Mars Pit correspondence and
therefore do not fulfill the Exhibit R (now O) requirements for the Orion Pit. Since the 1 /16/95
Mars Pit correspondence specifically referenced the Mars Pit and not the Orion Pit, you are
incorrect in asserting that card nos. Z 743 379 152 & Z 743 379 153 belong in the Orion Pit
file. The 1 /16/95 correspondence was hand delivered to the Division at the 1 /19/95 Mars Pit
informal conference, and an additional copy was received by mail on 1 /25195.
2) Far the newspaper notice, the applicants publications of the notice on 11/3/94, 11!10/94,
1 1 /17/94, & 1 1 /24/94 were premature and did not meet the requirements of Rule 1.6.2 (11 (dl.
Our June 4, 1997 correspondence to the applicant indicated that within T 0 days after submittal
(meaning 10 days after the date the application had been deemed complete and therefore
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