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HAYDEN SPRINGS RANCH LLC <br /> 13601 CR 140 <br /> P.O. BOX 567 RECE,VE <br /> Salida,Colorado 81201 G <br /> (719) 239-1225 MAR p 22022 <br /> ION <br /> February 28,2022 tgVIMNN�AN O�MAT <br /> o SAFEN <br /> Dustin Czapla <br /> Environmental Protection Specialist <br /> Division of Reclamation, Mining and Safety <br /> 1313 Sherman St. Room 215 <br /> Denver,Colorado 80203 <br /> Re: File#M-2022-002,Application for R.B. Pit, by ACA Products, Inc. <br /> Dear Dustin, <br /> Thank you for forwarding the Response of the Applicant to our Objection Letter dated February 8, 2022, <br /> regarding the referenced Application. As detailed below,the Applicant has failed to provide any facts <br /> which resolve the merits of our Objections. Consequently,the Application should be denied. <br /> To begin,the Applicant agrees with our first Objection that they are without any legal right to use <br /> Chaffee County Road 140 as the "primary mine entrance location". As indicated in Exhibit A attached <br /> hereto and incorporated herein by reference,the location provided by the Applicant at# 10 of the <br /> Application is the terminus of CR 140. Therefore,the Application is legally defective as it fails to <br /> designate a legal access to the proposed mining site. <br /> Secondly,the Applicant falsely states in their Response at page 2 (paragraph 1)they have"obtained <br /> legal access to the proposed mine location...by obtaining the...CDOT Highway Access Permit....(Exhibit <br /> 2)". The Applicant then attached copies of the CDOT Access Permit file which began in February 2020. <br /> One of the Terms and Conditions of the CDOT Access Permit is provided at A.#14,which states"All <br /> required access improvements will be installed prior to any use of this access." (See page 20 of the <br /> Attachment). At this time,the Applicant has not made any improvements to Colorado State <br /> Highway 50. Thus,the Applicant presently has no legal right to access to the proposed mine <br /> location from any of public roads which border the Holman property. <br /> The Applicant then falsely implies in their Response at paragraph 2, page 2,that one of the <br /> Terms and Conditions of the CDOT Access Permit has been met by the submission of the Design <br /> Plans, dated 1/27/20, shown in Exhibit 3 of the Response. The Applicant refers to these Design <br /> Plans as "approved." That statement if false. <br /> I <br />