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5. The applicant's contract with the current owner of record contemplates and authorizes <br /> a variety of activities prior to the closing of the purchase transaction. This includes, in <br /> the provisions cited by Exhibit N: discretion to satisfy regulatory conditions as part of <br /> due diligence, general authority to initiate land use planning and zoning actions, <br /> provision of access, including access pursuant to a right of entry license and access for <br /> certain exploration and mining purposes. <br /> It is common for a prospective land developer to undertake permitting and zoning <br /> entitlement processes while still a "Buyer" in the executory period of a land purchase <br /> contract. Neither Rule 6.3.7 nor Rule 6.4.14 provide an exhaustive list of sources of a <br /> legal right to enter. Under Colorado law, an operator may possess a mining site by <br /> virtue of a contract other than a lease. Appropriately, the Construction Materials Rules, <br /> where they define what constitutes a "filed" application, do not contain any barrier to <br /> the Division's acceptance of Exhibit N as submitted. <br /> We understand the Division's concern that the legal right to enter included in Exhibit N <br /> must be sufficient, and the applicant will therefore work with the owner of record to <br /> obtain additional documentation. However, the Division's interpretation of this as a <br /> completeness issue may substantially stall the M-2016-030 application. Respectfully, <br /> we do not believe such additional documentation should be required for completeness, <br /> as the applicant and the owner of record contemplated the submittal of a reclamation <br /> permit application prior to closing. <br /> 6. This letter and a copy of the revised page 2 of the application form have been placed <br /> with the Weld County Clerk and Recorder. A receipt is attached. <br /> We appreciate the opportunity to update the M-2016-030 application and provide additional <br /> clarification. I look forward to collaborating with you in the adequacy review process. <br /> Sincerely, <br /> BRANNAN SAND AND GRAVEL COMPANY, L.C.C. <br /> Alex Schatz <br />