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~ III IIIIIIIIIIIIIIII ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1713 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: 13031 832-8106 <br />October 26, 1993 <br />Mr. Dean R. Massey, ESQ. <br />Parcel, Mauro, Hultin & Spaanstra, P.C. <br />1801 California Street, Suite 3600 <br />Denver, Colorado 80202 <br />Delivery Via Facsimile <br />pF'Cp,p <br />~E ~ <br />~` % b <br />~p <br />•~r8 i6~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Director <br />Re: Comments oa "Draft Agreement for Third Party Oversight <br />and Review" sad "Memoraadum of IInderatanding" <br />Dear Dean; <br />My schedule allowed only several hours to review your DRAFT <br />Agreement and MOU before I had to depart for the San Luis Valley. <br />I have attempted to provide my comments so that you may consider <br />them prior to my return Friday afternoon. <br />The general format and content of both documen~:s appears <br />appropriate. However, we apparently conceive of the intended <br />relationship of the parties with at least one significant <br />difference, which is reflected repeatedly throughout my comments. <br />I envision the Contractor as an extension of the Division's <br />technical capability. As such, the Contractor's prt~ducts are <br />equivalent to intraoffice memoranda comprising a portion of the <br />Division's deliberative process. At the moment the Division is <br />deliberating the question of whether this situation cor.~stitutes a <br />violation. As such I believe this material qualifies for an <br />exemption from the public records requirements of the AF~~A [§24-72- <br />204 (c) (2) (a) (I) C.R.S. (1988 Replacement Volume) ] . If tYle Division <br />initiates an enforcement action the information would then become <br />public record and would be available to BMRI. <br />Candidly, I am also concerned about maintaining they integrity <br />of the Division's role in the regulatory process. :,B 247 has <br />formalized the third party mechanism for augmenting staff" technical <br />capability. However, any opinion presented by the Division in <br />review of any application or regarding construction activity must <br />be the opinion of the Division. It is imperative that t2>e Division <br />never inadvertently transfer decision making to the third party. <br />For this reason I believe it imperative that all third Marty input <br />be considered by the Division in confidence. <br />