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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmeni~ol l.atural Resources <br />1313 Sherman Sr., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 8663567 <br />FA%:(303)832-8106 <br />August 12, 1997 <br />Mr. Charles G. Kinney, Esq. <br />5826 Presley Way <br />Oakland, CA 94618 <br />RE: Orion Pit Application, File No. M-94-115 <br />Dear Mr. Kinney: <br />1~'~ <br />I~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romei <br />Governor <br />lames S. Lochhead <br />E.ecVUVp Duecror <br />rs~chael B. Long <br />Division Dneaor <br />This letter is in response to your August 4, 1997 correspondence received by the Durango Field Office <br />on August 8, 1997. <br />The Division's response to the comments contained in paragraphs #1 & #/2 of your letter can be found <br />in the Division's July 30 and August 8, 1997 letters to you. <br />The notices of the Orion Pit application to surface owners are incomplete in that neither the Division's <br />files for the Orion Pit application or the attachments to your August 4, 1997 correspondence contain <br />proof of providing notice to M. Deitz, Lower Valley Ranches, Sidney R. Brewster, Raymond and <br />Brenda Keith, the Bureau of Land Management, and the Colorado Department of Transportation. <br />Additionally, no copy of a Certified mail return receipt card for the notice to Blake and Melodie Mitchell <br />are contained in either the Orion Pit file or your August 4, 1997 correspondence to the Division. <br />The Division has explained to you in correspondence from our Office dated August 8, 1997 the <br />reasons why objection letters from surface owners were not sent to the applicant. <br />The Division has explained in previous correspondence to you why you are incorrect in asserting that <br />"the newspaper publication and notices to surface owners were properly done", and that "the ORION <br />PIT application has been automatically approved". Submittal of a financial warranty at this time is <br />premature since the Division is still in the process of reviewing your application for technical"adequacy <br />and has not yet issued a decision or recommendation to the Board. <br />Regarding your comments about the Young Gravel Source application and the geologist's report from <br />Neilson's, Inc. that was attached to your letter, please be aware that the public comment period for <br />submitting written statements of objection to the Young Gravel Source application has expired. <br />Additionally, the time period allowed after the informal conference for submitting new issues to the <br />Division in writing has also expired. Furthermore, Rule 1.4.6 12) Ic) states that "The parties to a <br />subsequent hearing before the Board may not present any claim supporting the approval or denial of <br />the application unless such claim was first presented to the Office at the Informal conference. The <br />Board, or its designated pre-hearing conference officer, may grant an exception fo this provision for <br />good cause shown". <br />00236 <br />