2019-11-07_REVISION - M1977342 - Laserfiche WebLink

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6. Pursuant to Rule 6.2.1(2)(e) the acceptable range of map scales shall not be larger than 1 inch = 50 feet nor smaller than 1 inch = 660 feet. The Exhibit C map provided by the Applicant is at a 1 inch =24,000 scale. Please provide a map or maps of the Mining Plan of Affected Land within the acceptable range of map scales. In order to maintain a comprehensive overview, the Exhibit C map was maintained at nearly the same scale; 1:23,000. However, the Exhibit C map now includes highlighted areas further detailing the necessary information and these Maps (Exhibit C.A—C.E) have scales that fall within the ranges required. 6.4.6 Exhibit F—Reclamation Plan Map 7. Pursuant to Rule 6.2.1(2)(b) maps must be prepared and signed by a registered land surveyor, professional engineer, or other qualified person. Please provide signed copies of the Exhibit F Maps. Exhibit F maps have been updated with a signature block which meets the requirements of Rule 6.2.1(2)(b). Aaron Hilshorst, the Chief Environmental Engineer for Henderson, has signed all maps in the capacity of a qualified person. 8. Pursuant to Rule 6.2.1(2)(e) the acceptable range of map scales shall not be larger than 1 inch = 50 feet nor smaller than 1 inch = 660 feet. The Exhibit F maps provided by the Applicant are at a 1 inch = 24,000 scale. Please provide a map or maps of the Reclamation Plan within the acceptable range of map scales. In order to maintain a comprehensive overview, the Exhibit F — Henderson Mill map was adjusted to a 1 inch = 1,667 feet scale. However, the Exhibit F — Henderson Mill map now includes highlighted areas further detailing the necessary information and these Maps (Exhibit FA— F.C) have scales that fall within the ranges required. The Exhibit F Maps for Henderson Mine and Henderson Mine — URAD have been adjusted to meet the acceptable range of map scales as well. 6.4.12 Exhibit L—Reclamation Costs 9. The Operator and the Division have been in discussion regarding the re-evaluation and re- affirmation by the Mined Land Reclamation Board (MLRB) for the water rights currently held by the Division in the amount of$18,148,649.00 of the total$56,142,434.00 reclamation surety held for the site for several years. The Division has determined the currently held water rights portion of the financial warranty does not meet the requirement of Rule 4.1.2(8)(c), which requires the financial warranty to be converted to cash within 180 days of forfeiture. The Division will require the Operator to submit the$18,148,649.00 portion of the financial warranty in an easily convertible form of financial warranty; cash bond, cash escrow account, corporate surety bond, irrevocable letter of credit or certificate of deposit. As mentioned in the opening of this letter, Henderson is in continuing discussions with the Division related to this matter. It is likely that, whatever the outcome of the upcoming meeting with DRMS, Henderson will not be able to meet the requirements of this Adequacy Review request within the deadline of November 8, 2019. At this time Henderson is requesting a waiver of our right to a decision by November 8, 2019 and requests an extension of 60 days to the decision date. 6.4.18 Exhibit R— Proof of Filing with County Clerk and Recorder 10. Please provide an affidavit or receipt indicating the date on which the revised amendment application information required to address this adequacy letter was placed with the Grand County Clerk and Recorder and Clear Creek County Clerk and Recorder for public review, pursuant to Rule 1.6.2(1)(c).