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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 9, 2008 -? <br />Mr. J. C. York <br />JT Consulting, Inc./ <br />1400 West 122nd Avenue, Suite 120 <br />Westminster, CO 80234 <br />"sCIS-,? <br />l?U4 1? <br />Dl b%S%o'7 2008 <br />n O, r"` f1 <br />Min,and ca f glon, <br />1, <br />RE: Derr Pit, File No. M-2008-017, New 112c Requirement for New Public Notice <br />Dear Mr. York: <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety (DRMS) is conducting a preliminary adequacy review <br />of the above noted application. During this review DRMS noted that the published public notice <br />incorrectly identified June 2, 2008 as the deadline for submittal of comments. Additionally, it was noted <br />that the required notice had not been sent to all owners of record and owners of structures located on, or <br />within 200 feet of the proposed affected area. Therefore, a corrected public notice will need to be <br />published and a copy of that notice must be sent to all owners of record as required by Rule 1.6.6. <br />Owners of record is defined by Rule 1.1(34) and includes utility companies and other easement holders. <br />This application cannot be approved until public notice is made per the requirements of Rule 1.6.2. and all <br />adequacy issues are addressed to DRMS satisfaction. Please be aware that, as specified in Rule 1.6.6, all <br />review timeframes begin to run anew from the date of the first re-publication. As the decision date on <br />this application is set for July 14, 2008, please submit, by that date, either a copy of the first newspaper <br />publication of the corrected public notice, or a request for an extension of the decision date adequate to <br />allow time for re-publication to begin. <br />A technical review of the permit application is under way and adequacy comments will be mailed to <br />your office in the next few days. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and <br />Safety, Grand Junction Field Office, 101 South Third Street, Room 301, Grand Junction, Colorado <br />81501, telephone no. 970-243-6368. <br />Sincerely, <br />Steve S. Shuey <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines