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r <br />CHARLES G. KINNEY, ESQ. <br />5826 Presley Way <br />Oakland, CA 94618 <br />(510) 654-5133 <br />August 4, 1997 Received <br />Mr. Tom Gillis <br />senior Environmental Protection specialist AUG 0 8 1997 <br />Colorado Dept. of Natural Resources <br />Div, of Minerals and Geology <br />Durango Field Office Du2ngoFieldONice <br />484 Turner Drive, Building F, Suite 101 DbiebnofMinerWeBGedopy <br />Durango, CO 81301 <br />Re: Issuance of Permit for Application #M-94-115 [ORION PIT] and <br />Protest on Application #M-97-020 [YOUNG GRAVEL SOURCE] <br />Dear Mr. Gillis: <br />I received your letter dated July 30, 1997. <br />Your references to Rule 1.6.2(1)(d) & (e) provide no authority to <br />support your conclusion that the time to publish the newspaper <br />notice (and notices to the neighbors) runs from when the <br />application is "deemed complete" by the Division. That Rule <br />clearly states that the publication is l0 days "from filing" of the <br />application. Do you have any other authority that requires the <br />publication of the newspaper notice within 10 days after you deem <br />the application is complete? <br />Do you have any authority to support your conclusion that the term <br />"received" has the same meaning as the terms "submitted" or <br />"filed"? <br />You claim we have a "partial but incomplete proof of surface owner <br />notifications". Which are "incomplete" and why? Note that, <br />according to our research, there have been no changes in surface <br />owners since 1994. <br />You have not explained why you did not send us the 1994 objection <br />letters from surface owners in a timely manner. Please explain why <br />those letters were not sent to us in early 1995. <br />We do not want any extension. We contend that the newspaper <br />publication and notices to surface owners were property done. We <br />contend the ORION PZT application has been automatically approved. <br />We will be sending a letter of credit and other documents that meet <br />the requirements of the Rules, and demand you issue the permit for <br />ORION PIT when you receive those documents. <br />In addition, enclosed is a geologist's report from Nielsons, Inc. <br />regarding the YOUNG GRAVEL SOURCE permit application; it is <br />00223 <br /> <br />