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DIVISION OF RECLAMATION, MINING AND SAFETY <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 />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> <br />November 3 <br />2008 Harris D. Sherman <br />E <br />i <br />Di <br />, xecut <br />ve <br />rector <br /> Ronald W. Cattany <br />John Butera Division Director <br />Kerr-McGee Oil & Gas Onshore LP Natural Resource Trustee <br />1999 Broadway, Suite 3600 <br />Denver, CO 80202 <br />Re: Derr Gravel Pit; DRMS File No. M-2008-017; Receipt of Objection to <br />Construction Material Regular (112) Operation Reclamation Permit <br />Dear Mr. Butera, <br />The Colorado Division of Reclamation, Mining and Safety (Division) received the <br />objection letter in regards to the above referenced Reclamation Permit from Kerr-McGee <br />Oil & Gas Onshore LP (KMG) on October 30, 2008. The Division takes all concerns and <br />objections into consideration before approving a Reclamation Permit. The submission of <br />comments and petitions for a hearing are addressed under Rule 1.7.1(2)(a), which <br />specifies the deadline by which objections must be received: <br />Rule 1.7.1(2)(a) - In the case of a 112 Reclamation Permit Application, such <br />written comments, protests, and petitions for a hearing must be received by <br />the Office not more than twenty (20) calendar days after the last date for the <br />newspaper publication of notice of the application provided for in Rules <br />1.6.2(d) and 1.6.5(1). <br />The Division's records indicate that August 1, 2008 was the final date for the newspaper <br />publication of notice. Therefore, the deadline for receiving comments was on August 21, <br />2008. Further review of the Division's records show that KMG was sent a copy of the <br />newspaper publication of notice by Certified Mail on July 27, 2008. Any person has the <br />right to submit written statements supporting or objecting to any application for a permit. <br />However, because KMG did not file the objection within twenty calendar days after the <br />last date for the newspaper publication of notice, the Division is unable to consider KMG <br />a party and must move forward with the decision making process. KMG is entitled to <br />petition for a hearing before the Mined Land Reclamation Board under the provisions of <br />Rule 1.4.11: <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines