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pu? l?uf <br />Erickson, Wall <br />From: George Robinson [georgerobinson@R2INCORPORATED.COM] <br />Sent: Wednesday, April 14, 2010 5:21 PM <br />To: Erickson, Wally; Mike Clements; NeumannC@gtlaw.com; regasb@gtlaw.com <br />Cc: Shuey, Steve; Jeff Fugate <br />Subject: RE: Mayday notice issues <br />The public notice will be reissued with an April 26, 2010 for the end of the public comment period-the May 6, 2010 has <br />not been extended-all adjacent landowners will be notified accordingly. Thank you for the information and update. We <br />appreciate the attention to detail and the opportunity to expedite any decision regarding the Mayday. As always, if you <br />have any questions, please write. <br />George M.L. Robinson icD <br />R Squared, Inc. <br />9034 East Easter Place, Suite 201 APR `L 9 2010 <br />Centennial, Colorado 80112 <br />03.832.7664 Divrslpn cf r'r:ycl?m>Aon' <br />tu{Inirtg and S ty <br />403. 832.7469 (f) <br />cell 720.641.2534 <br />RECEIVED <br />APR 14 2010 <br />Durango Field Office <br />Division of Reclamation, <br />Mining and Safety <br />The information contained in this transmission may contain privileged and confidential information. It is intended <br />only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any <br />review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended <br />recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email <br />administrator directly, please send an email to kellipetersen@R21ncorporated.com <br />From: Erickson, Wally [mailto:Wally.Erickson@state.co.us] <br />Sent: Wednesday, April 14, 2010 4:12 PM <br />To: George Robinson; Mike Clements; NeumannC@gtlaw.com; regasb@gtlaw.com <br />Cc: Shuey, Steve; Jeff Fugate <br />Subject: Mayday notice issues <br />George, Mike, Chris and Beth: <br />Attached files include five Word documents, forwarded previously by George, and one photo taken during the April 8 <br />inspection. <br />Thank you for promptly forwarding copy of the public notices mailed by Wildcat to adjoining landowners. The attached <br />Word documents indicate that these notices were mailed on or about April 12. Preliminary review of these notices has <br />identified the following two issues: <br />1) ' Pursuant to Rule 1.6.2(1)(d), within 10 days of filing, the Applicant was to publish a notice in a local newspaper <br />of general circulation. Pursuant to Rule 1.6.2(1)(d)(vi), the notice must provide the date on which the public <br />comment period closes. Pursuant to Rule 1.7.1(2)(b), for this type of application the public comment period <br />may not close sooner than 10 days after the date of publication. Therefore, had Wildcat published the notice on <br />the day of filing, April 6, the public comment period could have closed April 16; had Wildcat published on the <br />10th day after filing, April 16, the public comment period could have closed April 26. The notice provided by <br />Wildcat indicates that comments will be accepted through May 6. The Division interprets the notice as Wildcat's <br />voluntary extension of the public comment period, which appears to be the Applicant's prerogative. The <br />Applicant may reasonably extend such dates to the benefit of the public.