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DIVISION OFRECLAMATION, :MININd AND SAFETY <br /> <br />COLORADO <br />D'I V I S I O N' O 'F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />_ 1/' Harris D. Sherman <br />April 9th 2009' <br />., <br />Executive Director <br />Ronald W.Cattany <br />Baca County <br />, f Division Director <br />Attention:. Peter Dawson Natural Resource Trustee <br />741'Main Street` <br />Springfield, Colorado 81073 <br />RE: Bulkley Pit; DRMS.File#M-1981=138, Formal Public, Hearin&Notice Regarding the Permit <br />Application. <br />Dear Mr. Pete Dawson, <br />On April. 8th; 2009 the Division received your adequacy review response for the above'referenced mining <br />permit,app,lication. This permit application was. considered filed by the Division on April 11th, 2008, the <br />decision date had`been extended several times and the current decision date'is April 11th; 2009, this is <br />3,65 days since the application was called complete and filed. Unfortunately there are several <br />outstanding,adequacy issues, with, the.appli.cation that will take too long to mitigate to,meet the Decision <br />date for this app.l.icatlon.Pursuant.id Rule 1.4:1 (9) of the Mineral Rules,and Regulations, it:states, "At <br />the request of the Applicant, the review time may be extended and the, decision date reset; not to <br />exceed.365 days frorri the date the applicationwas filed. The additional time may be requested to,allow <br />the.Applicant an opportunity to provide information necessary to meet the adequacy requirements of <br />the office. If, at the end of the 365 day period, the application has outstanding adequacy issues, the <br />Office may set the matter for a Board.hearing. At the hearing the Board may deny, or approve the:., <br />application with or withoutconditions°. Given this rule, the review period for this application can no <br />longer be extended and this. matter Will be set for a Board Hearing on June 10 or 11`".; 2009 in order to <br />approve or deny this application. <br />The remainingad.equacy:issues are: <br />1:): Pursuant to Rule 1.6.2 (1) (e)-(g), the operator is required to send a notice'(as outlined-.;in- Rule. <br />1:6.2 (1);,(d)) 1,.)'t6. all owners-of record of the surface and mine -rat rights,of the affected land. <br />and` 2.) All. Owners of'Record. of all land surface within 200 feet of the, boundary. of the affected <br />lands (i:e. Ada Haddock). Proof of, notice to these parties was not submitted to the Division as <br />required by,the.April 16th, 2008 adequacy review. Per our telephone conversation today, you, do. <br />not have proof of notice at this time. Prior to the Board Hearing, please send the required <br />notice to :the required parties and provide proof of notice to the Division in the form of Certified <br />Mailing'recipts or:by, proof of personal service. This must be done as.soon as reasonably <br />possible so that the required parties have a total of 41 days to comment on the application if <br />- Office of . Office of <br />Mined Land Reclamation npnvPr • C:ranrl Innrtinn nar?nan .. •- -- . • •_