2008-08-04_PERMIT FILE - M2008044

• Permit No: M2008044
• IBM Index Class Name: PERMIT FILE
• Doc Date: 8/4/2008
• Doc Name: Incomplete application for the purposes of filinf
• From: DRMS
• To: Riess Ressearch & Planning
• Email Name: WHE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
r nl4ED
August 4, 2008
Naomi Riess AUG U 7 2008
Riess Research & Planning Division OT KeCiania"
1480 East 2nd Avenue, # 8 Mining and Safety
Durango, CO 81301
RE: Incomplete Application for the?urposes of Filing,
Fork Horn Mesa Subdivision; File No. M-2008-044Vi,
Dear Ms. Riess:
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On July 22, 2008 the Division received additional materials for the above referenced application,
which clarified that your client intends to pursue a Limited Impact 110 type permit. However, the
application does not contain all of the information, attachments, maps and exhibits required by
the Act and Rules for a permit application. Therefore, pursuant to Rule 1.4.2, the Division has
determined that the application remains incomplete for the purposes of filing.
Pursuant to Rule 1.4.2(2), the application will not be considered complete for the purposes of
filing until the application includes all information, attachments, maps and exhibits, as listed and
described in Rules 1.4.1 and 6.3; an affidavit that notice signs were posted on-site pursuant to
Rule 1.6.2(1)(b); and proof of notice according to the provisions of Rules 1.6.2(1)(a) and (c).
Please note that the notices previously mailed on June 25, 2008 to the La Plata County
Commissioners and to the Board of Supervisors of the Local Conservation District did not utilize
the Board approved forms as required under Rule 1.6.2(1)(a), and contains errors regarding the
future use of the affected land and the date by which public comments must be submitted.
Please re-notice in accordance with Rule 1.6.2(1)(a). Copy of the Board approved forms,
referenced under Rule 1.6.2(1)(a), are included with the application package and are available
at the Division's web site at www.mining.state.co.us.
Pursuant to Rule 1.6.2(1)(c), prior to submitting the application to the Division, a copy of the
application must be placed with the county Clerk or Recorder for public review. The application
includes not only the application form, but also all information, attachments, maps, and exhibits
as listed and described in Rules 1.4.1 and 6.3. Exhibit I of the application included a receipt
from the La Plata County Clerk, reception number 979188. According to the office of the La
Plata County Clerk, the submittal (979188) was limited to the seven page application form and
the County Clerk did not receive the complete application with all information, attachments,
maps, and exhibits. Therefore, Exhibit I does not satisfy the requirements of Rules 1.6.2(1)(c)
and 6.3.9. Pursuant to Rule 1.6.2(2), copy of the permit application, adequacy responses of the
Applicant, application revisions, and any permit amendment application placed at the office of
the County Clerk or Recorder shall not be recorded, but shall be retained until final agency
of Office of
Office
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