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Pre -mine maps and photos show that a road did exist through the Pond 007 area that <br />connected 5th Street with a home site south of Calamity Draw. When Pond 007 was <br />constructed, the road was moved to the west of Pond 007 (and its topsoil stockpile) providing <br />access to the home site. <br />San Miguel Power Association (SMPA) was the landowner when Pond 007 was installed. <br />SMPA requested that Pond 007 remain as a permanent structure in a letter dated Sept 18, <br />2002. The request was approved in TR -54. There is no commitment in the mine permit that <br />the home -site road needs be returned to its original location and the current Map 2.05.3(3)-8 <br />Mine Roads shows the road in its current configuration. <br />There are no requirements under the Regulations of the Colorado Mined Land Reclamation <br />Board that ERMR has any further obligations to relocate the home -site road back to its <br />original location. <br />7. Cattle guards and gates on 5th road need to be reinstalled (4.16). <br />ERMR was permitted to mine through 5th St. with the approval of PR -2 in 1989. A review of <br />the premining conditions, as documented in the permit, does not indicate that cattle guards or <br />gates existed on 5th St. in 1989. After mining was completed in the area, ERMR reconstructed <br />the road to the standards of Montrose County Road and Bridge who then accepted ownership <br />and responsibility for the reconstructed 5th St. in a letter dated January 10, 2011. DRMS later <br />released its reclamation liability of 5th Street in SL -17 in March 2016 DRMS does not have <br />the jurisdiction to require the installation of cattle guards and gates in 5th Street. <br />Elmer Burbridge submitted comments in a letter dated August 3, 2016. The letter contained 6 items which <br />are copied below: <br />1. Irrigation: <br />a. The irrigation water pipe is not in the easement right way. Explanation: If water is not <br />put on legal easement after bond is released from Elk Ridge Mining (Western Fuels), the <br />water line will be on other land owner/s property. This can cause problems between <br />landowner/sand could led it to Law Suits. In other words to prevent conflicts between <br />all land owners. <br />b. Irrigation pipe is not the correct size to deliver the total Fifty-five (55) shares to the <br />Burbridge's. Explanation: The current six (6) inch pipe line is not large enough to <br />handle every land owner's water. With the six (6) inch pipe line Burbridge will get half <br />of their shares of water. Along with all the outlets going to other property from the <br />same line Burbridge will not get any water if all land owners are using the water at <br />once. Causing hardship and conflict during irrigation for land owner/s. Prevention of <br />conflict before they happen. <br />c. Have not received an easement for the four (4) inch water pipe located on the West side <br />of Elk Ridge Mining and Reclamation, LLC, (Western Fuels) property formally known <br />as Garvey's. Explanation: In a prior agreement, Burbridge was to receive a four (4) <br />New Horizon Mine SL -19 <br />Page 10 <br />