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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 />COLORADO <br />Denver, Colorado 80203 D <br />OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />April 13, 2009 Bill Ritter, Jr. <br />Governor <br /> Harris D. Sherman <br />Tim Kunau Executive Director <br />23945 Lucky Lane Ronald W. Cattany <br />Calhan, CO 80808 Division Director <br /> Natural Resource Trustee <br />RE: Kunau Pit; DRMS File No. M-2008-025; Adequacy Review - 02 <br />Dear Mr. Kunau, <br />The Division has identified several other comments and questions that must be addressed prior to <br />the Division's decision due date. Please be advised that if you are unable to satisfactorily <br />address any concerns identified in this review before the decision date, it will be your <br />responsibility to request an extension of the review period. If there are outstanding issues <br />that have not been adequately addressed prior to the end of the review period, and no <br />extension has been requested, the Division will deny this application. <br />1.8 Amendments and Technical Revisions to a Permit Application <br />The Division received the Applicant's Amendment to the 110 Construction Materials <br />Reclamation Permit Application on April 3, 2009. Rule 1.8.1(3) states that any amendment to <br />an application shall constitute a new filing for the sole purposes of determining the date for <br />consideration of the application by the Office, and for the deadline for a final decision on the <br />application. The 110 Construction Materials Reclamation Permit Application was filed on <br />April 6, 2009 and the new decision date is May 6, 2009. The Applicant shall publish and mail <br />a new notice of the application per the requirements of Rule 1.6.6. Newspaper publication of <br />a notice regarding the filing of your application and transmittal of a copy of the notice to all <br />owners of record of surface and mineral rights, holders of any recorded easements, and all <br />owners of record of lands that are within 200 feet of the boundary of the affected land is <br />required within 10 days after submittal. Proof of Notice may be by submitting return receipts <br />of a Certified mailing or by proof of personal service. <br />6.3.10 EXHIBIT J - Proof of Mailing of Notices to Board of County Commissioners and <br />Soil Conservation District <br />2. The copies of the receipts that the Applicant provided in the Adequacy Response were made <br />prior to the mailing of the notices. The Division requires proof of notice in the form of a <br />return receipt of a Certified mailing or a date stamped copy of the notice acknowledging <br />receipt by the appropriate Board. Please note that filing of the Amendment with the Division <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines