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REP41761
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REP41761
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Entry Properties
Last modified
8/25/2016 12:43:35 AM
Creation date
11/27/2007 9:07:04 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994114
IBM Index Class Name
Report
Doc Date
11/18/1997
Doc Name
ADMINISTRATIVE RECORD
Media Type
D
Archive
No
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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resowces ~I~~ <br />1313 Sherman 51.. Room 715 <br />Dem~er, Colorado 80'03 <br />Phone (303) 866-3567 <br />FAX. 11031 8 7 2-81 06 <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />August 21 , 1997 Governor <br />lames 5. lochheaA <br />Mr. Stephen H. Kinney E,ecmrve Dkeno~ <br />207 North Orchard ~ti<naele Larp <br />Drvivon Dimcwr <br />Farmington, NM 87401 <br />RE: Adequacy Review, Orion Pit Application, File No. M-94-115 <br />Dear Mr. Kinney: <br />The Division has completed a preliminary technical review of the above referenced application. The <br />comments provided below should be responded to in a timely manner in order to have all Division <br />concerns resolved prior to the scheduled decision date. The Division wishes to correct the scheduled <br />decision date indicated in our July 30, 1997 correspondence. That correspondence indicated that the <br />initial decision date was August 7, 1997, which is incorrect. The correct initial decision date is <br />September 1, 1997 as indicated in the Division's June 4, 1997 correspondence to the applicant. <br />However, as explained in our July 30, 1997 correspondence, the Division must issue an application <br />denial recommendation by the September 1 , 1997 decision date unless the applicant re-publishes the <br />newspaper notice, re-notifies all current owners of record of surface rights and all owners of record <br />of lands that are within 200 feet of the boundary of the affected land, requests from the Division in <br />writing a 90 day eMension to the proposed decision date, and meets all technical adequacy <br />requirements of the Act and Rules. The request for extension is necessary because of the failure of <br />the applicant to follow the notification requirements set forth in the Rules. <br />AFFECTED AND ADJACENT AREA SURFACE OWNERS <br />The Division's August 12, 1997 correspondence to the applicant's representative, Mr. Charles G. <br />Kinney, Esq., provided a list of surface owners for which proof of notification had not been received <br />by the Division. Additionally, after reviewing the maps submitted by the applicant in correspondence <br />to the Division dated December 5, 1994 and received by the Division on December 8, 1994, the maps <br />labeled "EXHIBIT C ORION PIT M-94-115 SURFACE OWNERS MAP PRE-MINING MAP" and <br />"EXHIBIT F ORION PIT M-94-115 SURFACE OWNERS MAP RECLAMATION PLAN" also show <br />Thomas and Virginia Colbert as being adjacent surface owners, and the Montezuma County Road Dept. <br />as being a surface owner of a portion of the proposed affected area. The Division has not received <br />proof of noticing either of these owners by the applicant within the allowable time period set forth in <br />the Rules. All current owners of record of surface rights and all owners of record of lands that are <br />within 200 feet of the boundary of the affected land will need to be properly noticed as explained in <br />the Division's June 4, July 30, August 8, and August 12, 1997 letters to the applicant. <br />ooz41 <br />
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