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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 16th, 2009 /' <br />Peter Dawson <br />Baca County Government <br />741 Main Street <br />Springfield, Colorado 81073 <br /> <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Lusk Pit #36, M-2009-002, Adequate Review #3 of the 112 Construction Materials <br />Reclamation Permit Application, and Extension of the Decision Date. <br />Dear Mr. Dawson, <br />The Division received your letter dated July 14th, 2009 in response to our adequacy review of <br />above referenced permit application. You letter addressed the majority of the Divisions <br />concerns regarding the original application, however several required documents have not <br />been submitted, and several issues will need to be clarified prior to the approval of the <br />application. These items are discussed in detail below: <br />Rule 1.6.2 (1) (d); and Rule 1.6 .5 <br />1.) Pursuant to the above Rule, 10 days after the office notified you that the application <br />was complete and considered "filed", you were required to publish notice in a <br />newspaper of general circulation in the locality of the proposed mining operation once a <br />week for four consecutive weeks. Immediately after the first publication you were to <br />mail a copy of the notice to all owners of record of surface and mineral rights, holders of <br />any recorded easements and all owners of record of lands that are within 200 feet of <br />the boundary of the affected land. Proof of publication and notice of mailings, such as <br />Certified Mail Return Receipt Requested, were not submitted to the Division as <br />required. You have two options (a) (b): <br />a. Please submit evidence that the notice was published for the required time <br />periods after the application was considered "complete" (January 16th, 2009). <br />Also, please submit evidence that the proper notification were given to all <br />owners of record of surface and mineral rights, holders of any recorded <br />umce of <br />Mined Land Reclamation Office <br />Denver Grand Junction Durango AftIVP and Irla('ti <br />tIVP Mina,