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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 21, 2009 <br />Terry Hankins <br />Moffat County Jail <br />800 W. 1St, Street, Suite 200 <br />Craig, Colorado 81625 <br />pECENE® <br />JUL 2 4 2004, <br />DhAsis" of Reclamsf?OR, <br />W&g and Safety <br />6;1, <br />Re: Notice of Intent, NO/ Application, Mindy Rae #1, No. P-2009-008, Response to July 20, 2009 Correspondence. <br />Dear Mr. Hankins, <br />COLORADO <br />D I V1 S I ON 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 />The Division of Reclamation, Mining and Safety (DRMS) received your letter on July 20, 2009. In the letter your make several points that <br />DRMS staff feels needs to be clarified. <br />1) Your notice application was denied since DRMS did not receive any correspondence on the noted issues for 111 days. Per Rule <br />5.1.3(b) an applicant has 60 days from the date of such notice to correct otherwise the application may be terminated. Staff <br />has no written correspondence and no record of any phone calls from you in the 111 days. Clearly the 60 day period passed <br />and in fact you were afforded additional time not required by the Rules or Act but failed to respond. <br />2) It is noted this office refused your call. Please be aware that DRMS staff cannot by state policy accept collect phone calls. Staff <br />will be happy to talk to you by regular phone methods. <br />3) Copies of Form 1 and 2 were sent to you without your request On March 26, 2009. Staff is again including one set of Form 1 <br />and 2 but because of cost and postage will not be sending 4 as requested. <br />4) The correspondence from March 26, 2009 clearly outlined the application was deficient because it was not on approved forms <br />which were supplied to you. The denial was not "just denied-incomplete". <br />5) It is the applicant's responsibility, not DRMS to meet the requirements of the Act and Rules. The application and your <br />responses failed to do so. DRMS expects a comprehensive and reasonable plan to be submitted per the Act and Rules by an <br />applicant. <br />6) DRMS and BLM are two separate entities with separate statutory requirements. DRMS cannot and will not respond to the <br />issues you brought up regarding their process and actions. Please contact them with your concerns. <br />If you wish to resubmit your application please include properly filled out Forms 1 and 2, include a CD with the forms copied to them and <br />a fee of $86.00 as required by the Act and Rules. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand Junction Field Office, 101 <br />S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />Z(.? `/ ?~ <br />"A , <br />G. Russell Means <br />Environmental Protection Specialist <br />Enclosures: Forms 1 and 2 for Hard Rock Prospecting Operations <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines