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• <br />Epviroi)n)ei)t,C. <br />LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A <br />FOUNDER ARVADA, COLORADO 80003 <br />STEVAN L. O'BRIAN 303 - 423 -7297 <br />PRESIDENT FAX 303 - 423 -7599 <br />December 2, 2014 <br />Mr. Elliot R. Russell <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St., #215 <br />Denver, CO 80203 <br />Dear Elliot: RECEIVED <br />'dC 0 5 2014 <br />RE: Franson Family Partnership �/ DIVISION OF RECLAMATION <br />Franson Pit, Permit # M- 2014 -051 MININGANDSAFETY <br />,.. Adequacy Response #2 <br />On behalf of my client Franson Family Partnership, I am responding to your second <br />adequacy review letter dated October 23, 2014. I have included your review point that needed to <br />be addressed as presented in the letter so the questions and answers will be in the same document <br />for easy reference. <br />Addressing the following adequacy question proved to be a little more complicated then <br />we first thought. It seems that County Road Aaa as we have listed it is really Yuma Road C and <br />Washington County Road Aaa bringing into question who was the responsible owner. So I <br />contacted Yuma County Road Department and they said that Washington County was <br />responsible for maintaining the road and that they would prefer that Washington County sign <br />any structure agreement. I then prepared the attached packet that Mr. Aaron Franson delivered <br />to the Washington County Commissioners office. It included an adjoining landowner notice <br />extending the comment period to 10 days after they received the letter or November 13, 2014 <br />which ever was later. <br />6.3.12 EXHIBIT L - Permanent Man -made Structures <br />5. Within the Application, it states that County Road Aaa is located within 200 feet of the permit <br />boundary but not of mining activity and no agreement is needed. This statement is not acceptable <br />to the Division as required by Rule 6.3.12; please provide a signed and notarized agreement <br />between the structure's owner and the Applicant regarding compensation of damages. <br />