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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: 1303) 832-8706 <br />April 25, 2006 <br />Angela Ballantoni <br />Environmental Alternatives, Inc. <br />410 Macon Avenue <br />Canon City, CO 81212 <br />RE: Allen Drilling and Excavating Co., Inc. File No. M-2005-080 <br />Allen Pit 112(c) Permit Application- Third Adequacy Review <br />Dear Ms. Ballantoni <br />COLORADO <br />DIVISION OF <br />MIN&RALS <br />GEOLOGY <br />0.E CLAMpTIO N•MWING <br />SAfETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />Listed below are the third adequacy review comments for the Allen Pit 112 (c) Permit Application, File No. M-2005- <br />080. The decision date for this permit was extended to June 1, 2006 due to objections received. Due to delays in the <br />review process, and additional issues brought to the attention of the Division, the Division will be unable to complete <br />the necessary steps prior to the May iQ, 2006 Board Hearing and therefore a decision regarding the permit cannot be <br />made prior to the June 14 and 15 hearing dates. Per our earlier conversation, the Division needs a written request from <br />the Applicant for an extension to the decision date. Additionally, your response to the following adequacy review <br />concern should be submitted to the Division as soon as possible. <br />Rule 6.4.12 Exhibit N -Source of Leeal Rieht to Enter <br />1. This Rule requires the Operator/Applicant to provide the source of the Operator/Applicant's legal right to enter and <br />initiate a mining operation on the affected land. Per conversations of last week, please comment on the enclosed <br />materials related to the mineral rights for the property. <br />Because objections were filed for this Permit, this matter must be set for a hearing before the Boazd. The tentative date <br />for the hearing is May 1 Q 2006, but will be changed to the June 14 and 15 hearing date once a request for an extension <br />to the decision date is received. The Division will need to make a recommendation by May 20, 2006. Please be <br />advised that the Allen Drilling and Excavating Co., Inc. 112(c) Permit Application may be deemed inadequate, and the <br />application may be denied on May 1Q, 2006 unless a request for an extension to the decision date is received by the <br />Division the above mentioned adequacy review items are addressed to the satisfaction of the Division before May 20, <br />2006. Please be aware that depending on the answers that are received regarding the above adequacy issues, [he <br />Division may have further adequacy questions. <br />If you have any questions, please do not hesitate to call me at (303) 259-5861. <br />Sincerely, / <br />,~' <br />. ~~z~:'f~~%l <br />ate Pickford <br />Environmental Protection Specialist <br />cc: Bruce Humphries; DMG <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />