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-t.Q_~__ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 26, 2003 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Mr. Joe Gagliano Bill Owens <br /> <br />L J Development Company Governor <br /> <br />159 Tiffany CDnrt Greg E. Walther <br />Executive Director <br />Pueblo, CO 81005 Ronam w. cottony <br /> Division Director <br />RE: Siefert Construction's 112 Reclamation Permit Application for the Boyer Pit; <br />DMG File # M-2002 ~4; Objection Letters <br />I~ <br />Dear Mr. Gagliano: <br />Your application fora 112 Construction Materials Reclamation Permit was received on <br />December 30, 2002 and called complete on January 17, 2003. The last day for public . <br />comment is Mazch 19, 2003 and the decision date is April 17, 2003. Our office has <br />received a letter of objection to the application and in accordance with Rule 1.7.1(3) it is <br />being forwarded to you. If any additional letters of objection aze received, they will also <br />be forwazded to your office. <br />In addition, since our office has received objections, this matter must be set before the <br />Board for a public hearing in accordance with rule 1.7(2)(a). Furthermore, since a <br />recommendation cannot be made until at least 30 days after the last date for public <br />comment (Rule1.4.9(1)) but within 90 days of filing (same rule), the original decision - <br />date of April 17`h is incompatible with the rule and the public notice date. This will also <br />impact the board's ability to render a decision within 120 days of application <br />completeness. Therefore, in accordance with Rule 1.4.1(13), the decision date will be <br />extended until May 30, 2003. This should easily allow enough time to conduct the pre- <br />hearing conference (Rule 2.7.1), prepare a staff recommendation to the Boazd <br />(Rule1.4.9(2)(c)), and allow the appropriate time for parties to notice and prepare for the <br />Boazd heazing (Rule 2.6). <br />If you have any questions, please contact me at (303) 866-3567. <br />Sint rely, t <br />C~ ^ ~l1 <br />Anthon .Waldron <br />Environmental Protection Specialist <br />Enclosure(s) <br />