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Division Comment <br />The Division believes that the applicant has adequately addressed the issue raise by these <br />comments. <br />6. Rule 6.4.18 - Proof of Filing with the County Clerk and Recorder <br />• The original comment letter states that despite the proof of filing with the County Clerk and <br />Recorder that was submitted with the amendment application, when a representative of the <br />Tribe attempted to access the information related to the application at the County Clerk's <br />office, the employees at the office were unfamiliar with the application and were unable to <br />provide it for viewing. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 6.4.18 of the Construction Materials <br />Rules and Regulations, requiring the Operator to submit an affidavit or receipt indicating the date <br />on which the application was placed with the local County Clerk and Recorder for public review. <br />The applicant did submit a copy to the Division of the first page of the application stamped and <br />initialed by La Plata County, V.L.M. and dated as received on March 17, 2008, indicating that a <br />copy had been submitted to the county. After the above comment was received, both the Applicant <br />and the Division confirmed with the County Clerk and Recorder's Office that a copy of the <br />application was, in fact, available for viewing. <br />Division Comment <br />The Division believes that the applicant has adequately addressed the issue raise by these <br />comments. <br />7. Rule 1.6.2(1(d)&(e) General Application Procedures <br />• The second comment letter states that the primary future land use published in the notices sent <br />out by the Applicant erroneously identifies the post mining land use as rangeland, whereas the <br />approved post mining land use is developed water resource. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />b) The issue raised by the above comment is related to Rule 1.6.2(1)(e) of the Construction <br />Materials Rules and Regulations, regarding publication and notification to adjacent <br />landowners. <br />The applicant did, in fact, indicate that the proposed primary future land use is rangeland in the <br />notices sent to the public. Despite the fact that the approved primary post mining land use for the <br />site is developed water resource, the area proposed to be amended into the permit will be reclaimed <br />as rangeland. Therefore the Division believes that the representation of a post mining land use of <br />4