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Mr.Bill Tezak <br /> October 14,2021 <br /> Page 3 of 4 <br /> 5) The initial adequacy response provided stated that the operator has applied for a discharge <br /> permit. Please modify Exhibit M as necessary. DRMS assumes that this would be a CDPHE <br /> discharge permit for dewatering the pit as needed, please correct or confirm. <br /> 6) You must provide the source of your legal right to enter and initiate a mining operation on the <br /> affected land. DRMS accepts the Record of Decision provided by BLM for lands within the <br /> proposed permit under their control, as well as the access agreements provided between Bill <br /> Tezak and Colorado Quarries for their parcels. <br /> DRMS has not been able to identify the right-of-entry status of the remaining parcels within the <br /> proposed 112c permit boundary. These parcels are identified and described as"d", "e" and"f' <br /> for surface ownership as well as"d" and"e" for subsurface (mineral) access in the adequacy <br /> response received by DRMS on October 8 of 2021. These agreements were stated to have been <br /> provided in the original conversion application materials. DRMS was unable to identify current, <br /> valid right-of-entry documents as described in the adequacy response in the materials previously <br /> submitted. <br /> In addition,the document submitted to DRMS via e-mail dated Sept 20,2021 sent by Viscount <br /> Mining to Colorado Quarries in which Viscount stated that"Viscount does not have interest in <br /> the subject lands" but does not identify which parcels within the proposed permit area they <br /> currently hold leases on, cannot be accepted as a valid right-of-entry. DBMS cannot accept <br /> "sublease" agreements as a valid right-of-entry to conduct mining and reclamation. Valid right- <br /> of-entry documents must conform to the following rule requirements: <br /> 6.4.14 EXHIBIT N-Source of Legal Right to Enter <br /> Provide documentation of the legal right to enter to conduct mining and reclamation,for Owners <br /> of Record described in Rule 1.6.2(1)(e)(i) (all Owners of Record of the surface and mineral <br /> rights of the affected land). This may include a copy of a lease, deed, abstract of title, a current <br /> tax receipt, or a signed statement by the Landowner and acknowledged by a Notary Public <br /> stating that the Operator/Applicant has legal right to enter to conduct mining and reclamation. <br /> The applicant will need to provide indexed, current, and valid executed agreements between <br /> Colorado Quarries and the identified property owners for these parcels to DRMS, independent of <br /> the submitted BLM documents, or provide specific reference by section/page within the <br /> previously provided documentation where they may be found. <br /> Please also provide a new copy of the"Exhibit C—Map of Patented and Unpatented Claims and <br /> Mineral Ownership" with the proposed permit area enlarged. The size and shading of the current <br /> map makes it impossible to differentiate between Federal Minerals (BLM)and Patented Claims. <br /> Please also clarify the patented or unpatented status of the Sullivan Lode Claims. <br />