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~: ;u <br />--:~~ <br />CHARLES G. RINNEY, ESQ. <br />5826 Presley Way <br />Oakland, CA 94618 <br />(510) 654-5133 <br />June 13, 1997 <br />Mined Land Reclamation Board <br />Attn: Thomas D. Gillis <br />Division of Minerals and Geology <br />Dept. of Natural Resources <br />State of Colorado <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Received <br />JlIN 18 ~ <br />Durango Field Office <br />Division of Mineral; & Geology <br />Re: Issuance of Permit for Application $M-94-1i5 (ORION FIT] <br />Dear Mr. Gillis: <br />We received your letters dated June 4, 1997 and June 9, 1997 <br />regarding Stephen H. Kinney's application noted above. <br />You are incorrect in your opening statement in the June 4, 1997 <br />letter. We did NOT send you a "new" 112 application for the ORION <br />PIT -- you already have that application (since Oct., 1994). <br />We did send you the Exh. R - Proofs of Service that the DMG must <br />have lost or misplaced. According to the DMG letter dated Jan. 3, <br />1995 sent to us, that was the only item missing from the ORION PIT <br />application file. if Exh. R was still missing, why did it take the <br />DMG so long to follow-up on this application? <br />We have already published the notices in the newspaper; you should <br />have that information in your files. If not, we will send you <br />duplicates of those notices. <br />As for your letter dated June 9, 1997, you are completely ignoring <br />the consequences of Mineral Rules and Regulations Rule 1.4.11. Why <br />isn't this application automatically approved? Furthermore, if it <br />is automatically approved, are not the applicable requirements for <br />a letter of credit found in those Rules? <br />Let's go through the Mineral Rules and Regulations for a letter of <br />credit: <br />Our letter of credit used the Bank's letterhead (Bank of the <br />Southwest). Since the DMG did not provide any "approval" <br />(because this was automatically approved under Rule 1.4.11), <br />there was no "language provided" by the DMG. See Rule 4.7(1). <br />Do you agree there was no "language provided" to us during the <br />course of DMG's review of the ORION PIT application? <br />Our letter of credit is in conformity with current banking <br />1 <br />00167 <br />