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On November 27, 2006, the Division published notice of a public hearing/informal <br />conference to be held in Florence, Colorado on December 12, 2006. The notice was <br />published at least two weeks prior to the hearing as required by Rule 2.07.3(6)(b)(ii). <br />The hearing was held on December 12, 2006 within 60 days of the last publication of <br />the filing of the application as required by Rule 2.07.3(6)(b). An audio tape recording <br />was made of the hearing as required by Rule 2.07.3(6)(b)(iv). Objectors were informed <br />that the Division's initial adequacy review had recently been completed and requested <br />additional information regarding the topics identified by the objectors. <br />The Division forwarded our initial adequacy review to EAI on November 28, 2006. This <br />initial adequacy review included review for adequacy in addressing all required portions <br />of the Rules, excluding Rule 3, Performance Bond Requirements. On December 15, <br />2006, the Division forwarded adequacy review comments addressing the requirements <br />of Rule 3. <br />The Division received EAI's responses to the November 28 and December 15 <br />adequacy review letters on May 10, 2007. Additional information and materials were <br />received on May 18 and May 30, 2007. <br />After review of the revised materials, on June 18, 2007, the Division sent a second <br />adequacy letter detailing any issues that remained outstanding and indicating resolution <br />of other issues as appropriate. The Division also provided a detailed written estimate of <br />the reclamation costs as required by Rule 3.02.2(1), included as an attachment to the <br />second adequacy letter. <br />On August 23, 2007, EAI submitted a third round of additional permit text and materials <br />to resolve remaining issues. Following the Division review of these materials a third <br />adequacy letter was forwarded to EAI on October 19, 2007, narrowing the list of <br />remaining issues requiring resolution. <br />The Division received responses to our third adequacy letter on November 6, 2007. <br />Based on review of this fourth submittal of revised and additional materials, the Division <br />determined that all outstanding issues were resolved or could be resolved through the <br />permit stipulation process. <br />The Division queried the Applicant Violator System (AVS) again on March 3, 2008, the <br />day of the proposed decision. The AVS recommendation and OSM evaluation resulted <br />in "no violations". The Division recommendation for this AVS check coincident with the <br />proposed decision was "Issue". <br /> <br />