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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <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 />23 February 2006 <br />Mr. George Patterson <br />Kerr Coal Company, Marr Mine <br />P.O. Box 459 <br />Florence CO 80480 <br />/V lJ . <br />Re: Marr Mine (C-1980-006); Technical Revision 22 (Pond F Retention) <br />Dear Mr. Patterson: <br />COLORADO <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION-MINING <br />SAFETY-SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />This Division of Minerals and Geology is calling the submittal of Technical Revision #22 <br />incomplete for purposes of filing. Review of the proposed public notice indicates that the <br />notice does not include the information required by Rule 2.07.3(2)(e). This rule requires <br />that, if the affected area of the revision is within 100 feet, measured horizontally, of the <br />outside right-of-way of a public road, the notice shall include a concise statement <br />describing that particular portion of the road which is located within 100 feet. The notice <br />shall also include a statement indicating that a public hearing, for the purpose of <br />determining whether the interests of the public and affected landowners will be protected <br />may be requested by contacting the Division in writing within 30 days after the last <br />publication of the notice. The notice shall also state that any such hearing would be held <br />in the locality of the proposed mining operation. <br />The pond for which the retention is requested - Pond F - does lie within 100 feet of <br />County Road 12, so this rule applies to this particular revision. <br />Please submit the revised proposed public notice and the Division will proceed with <br />processing of the revision application. <br />If you have any questions, please call me at 303-866-4928. <br />Sincerely, <br />Jim Burnell <br />Environmental Protection Specialist <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey