Laserfiche WebLink
6.4.14 Exhibit N - Source of Legal Right to Enter <br />8. The Applicant states in Exhibits D and 0, the Greeley West Pit site is currently owned by <br />Cottonwood Land and Farms, LTD and Double SM Farms. The Applicant submitted deeds <br />listing Cottonwood Land and Farms, LTD, Double SM Farms and the County of Weld as the <br />current landowners as the source of legal right to enter. Rule 6.3.7 states the basis for legal <br />right of entry to the site and to conduct mining and reclamation may be a copy of access <br />lease, deed, abstract of title, or a current tax receipt. A signed statement by the Landowner <br />and acknowledged by a Notary Public stating the Operator /Applicant has legal right to enter <br />and mine is also acceptable. The submitted deeds do not list the City of Greeley as the <br />landowner for portions of the amendment area. Please submit a signed and notarized <br />statement from the current landowners stating the City of Greeley has legal right to enter and <br />mine the area or a deed indicating the City is the landowner. <br />The amendment (AM -01) application will not be considered submitted until the information listed <br />above is received and found sufficient to begin our review. A decision date will be established 90 <br />days from the date of receipt of all of the requested information. Additionally, if you have <br />already published notice you will need to republish notice, after the Division considers the <br />application submitted. This notice must be published once a week for four (4) consecutive weeks, <br />starting within ten (10) days of the date your application is considered submitted. We will notify <br />you when you should initiate republication of your notice. The final date for receiving comments <br />is the 20th day after the fourth publication or the next regular business day. <br />You have sixty (60) days from the above date to submit all necessary documents the Office needs <br />for the application to be considered filed. If, at the end of the sixty day period, the application <br />has not been determined to be filed with the Office, the Office shall deny the application and <br />terminate the application file. Incompleteness response due date = April 30, 2012 <br />This letter shall not be construed to mean there are no other technical deficiencies in the <br />application. The Division will review the application to determine whether it is adequate to meet <br />the requirements of the Act after submittal of all required items. <br />If you have any questions, please do not hesitate to call me at 303 - 866 -3567 Ext. 8124. <br />Peter S. Hays <br />Environmental Protection Specialist <br />Cc: Tom Kaldenbach; DRMS <br />Bill Schenderlein; Blue Earth <br />Enclosures: 2011 Annual Report map for the Greeley West site <br />3 <br />Page 3 of 3 <br />