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~5~, Vy1 <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman SL, Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />v <br />October 26, 2006 <br /> Bill Owens <br /> Governor <br />Mr. Scott Pelino <br />Russell George <br />Pelino, InC. rzecutive Director <br />33551 CR 361 Ronald W. Cattany <br />Buena Vista, CO 81211 Division Director <br />~~ Natural Resource Trustee <br />Y <br />RE: Pelino Inc., Conversion to a 112 Construction Materials Permit (CN- lll ), Permit No. M-1984-O <br />43 <br />Jesse Lee; Adequacy Review r/ <br />Dear Mr. Pelino, <br />Listed below aze adequacy review comments on the Jesse Lee 112 Conversion Application (CN-O1), <br />Permit Number M-1984-043. The Division of Mining, Reclamation and Safety (Division) is required to <br />make an approval or denial decision no later than December 11, 2006, therefore, your response to the <br />following adequacy review concerns should be submitted to the Division as soon as possible. <br />1. As required by Rule 1.6.2 (1)(g), please submit the proof of publication of the public notice circulated <br />in the local newspaper, all owners of record of surface lands, easement holders, and owners of record <br />of surface lands that are within 200 feet of the boundary of the affected land. Proof of notice may be <br />return receipts of a Certified Mailing or by proof of personal service. <br />2. The original permit area of the Jesse Lee permit is depicted on two conflicting maps. One of the <br />maps (used in the annual report submittal) crosses the Arkansas River to the east, and is square in <br />shape west of the river. This map depicts a 9.8 acre azea. The other map on file only depicts the <br />permit area to the west of the Arkansas River and is noted as 8.03 acres. With the submittal of the <br />CN-Ol application, the applicant intends to correct the permit boundaries and increase the permit area <br />to 16.4 acres. However, in order to remove land from the permit area across and east of the Arkansas <br />River, the operator must request an acreage release from the Division. Please submit an acreage <br />release in accordance with Rule 4.i7 of the Construction Materials Rules and Regulations. <br />Rule 6.4.3 Exhibit C-Pre-Minin¢ and Mining Plan Maps <br />3. Please depict the owner's name, type of structure and location of all significant, valuable and <br />permanent man-made structures on the area of affected land and within 200 feet of the affected land. <br />In particular, please identify the owners of all roads, ditches, pipelines, gas lines, gas wells, utility <br />lines, water wells, fences, etc... on and within 200 feet of the affected land. <br />4. Rule 6.4.3(f) requires that all water wells in the surrounding area be identified on the map. The <br />Division could not locate any water wells on the exhibits. Please locate the wells on a, map and state <br />the owners of the wells. <br />5. Please revise [he maps to depict that the affected azea parcel 2 (0.20 acres of existing roadway) is <br />within the permit conversion permit boundary. <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />