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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 27, 2009 <br />Brad Janes <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 />Varra Companies, Inc. Ronald W. Cattany <br />8120 Gage St. Division Director <br />Frederick, CO 80516 Natural Resource Trustee <br />RE: Heintzelman Project (Pit 116); DRMS File No. M-2009-018; Adequacy Review - 02 <br />Dear Mr. Janes, <br />The Division of Reclamation Mining and Safety (Division) has identified several other <br />comments and questions that must be addressed prior to the Division's decision due date. Please <br />be advised that if you are unable to satisfactorily address any concerns identified in this <br />review before the decision date, it will be your responsibility to request an extension of the <br />review period. If there are outstanding issues that have not been adequately addressed <br />prior to the end of the review period, and no extension has been requested, the Division will <br />deny this application. <br />Application Form <br />The replacement Certification Page that was submitted in the Applicant's Adequacy <br />Response did not contain a notary seal. Please submit a replacement page with the notary <br />seal. <br />6.4.3 Exhibit C - Pre-mining and Mining Plan Map(s) of Affected Lands <br />2. The maps that were submitted with the permit application locate the north, west, and south <br />project boundary near the center of the adjacent Weld County Roads. The use of Weld <br />County's Right of Way (ROW) requires the appropriate permit from Weld County. The <br />Division cannot approve a permit boundary that lies within the Weld County ROW, without <br />the applicant demonstrating a legal right of entry. Please demonstrate a legal right of entry <br />onto Weld County's ROW. Should the Applicant choose to move the project boundary <br />outside of Weld County's ROW, then all applicable exhibits should be revised to reflect this <br />change. <br />3. The Applicant submitted a copy of the `Statement of Understanding' sent to owners of <br />significant, valuable and permanent man-made structures that are located within 200 feet of <br />the affected land. A copy of the `Statement of Understanding' was sent to Anadarko; <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines