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1 <br />le <br />STATE OF COLORADO <br />LID",VISION 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 I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />une 9t", 2009 Ronald W. Cattany <br />Division Director <br />Yr. Bill Timmons III Natural Resource Trustee <br />Ready Mixed Concrete Company <br />14585 Brighton Road <br />Brighton, Colorado 80601 <br />RE: Bromley Lakes Pit, DRMS File# M-1987-649, Amendment 02 Application, <br />,,Adequacy Review #2, Public Notice Requirements <br />Dear Mr. Timmons, <br />The Division has reviewed your letter dated April 30th, 2009 in regards to the public notice <br />requirements for this amendment application, and there are several. items that will need to be <br />addressed. Rule 1.6.2 (1) ( e) states that the applicant shall mail or personally serve a copy of the <br />notice in Rule 1.6.2 (1) (d) immediately after the first publication to: (i) all owners of record of <br />the surface and mineral rights of the affected land; and (ii) the Owners of Record of all land <br />surface within 200 feet of the boundary of the affected lands. Also, the applicant is required to <br />submit evidence to the Division of sending the notice to the above mentioned parties. This <br />evidence can be in the form of return receipts of a Certified mailing or by proof of personal <br />service. <br />First, there does not appear to be evidence that the required notice was sent to the City of <br />Brighton one of the owners of record of the affected land. Pursuant to the above referenced <br />Rule, please submit evidence that the required notice was sent to this party. <br />If in the event that the City of Brighton was not served a notice, please give them one. Also, <br />they must be given 41 days to submit comments or objections to the Division. In any case please <br />submit evidence that the City of Brighton received the required notice. <br />Second, based off our telephone conversation and references in the amendment application, the <br />Spratt-Platte Ranch CO LLLP and Aggregate Investments are part of Ready Mixed Concrete <br />Company. Please explain the relationship between these companies. Finally, no evidence was <br />submitted that Dionne Houchman; an adjacent land owner, received the required notice. Per our <br />telephone conversation, you stated a notice was sent to this party and was returned. We received <br />you fax copy of the return letter. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines