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i <br /> CDOT Access Manager, Randi Reider, provided the Applicant an Extension of Time Letter dated, <br /> 10/13/21, which was included in Exhibit M of the Application. Therein, Ms. Reider states... "The <br /> access shall be constructed in accordance with a set of approved design plans..." When the <br /> final design plans are accepted and approved, a pre-construction conference must be <br /> scheduled...." <br /> Review of the Design Plans dated 1/27/20, reveals that CDOT has not "accepted and approved" <br /> said Plans, as there is no signature from CDOT "accepting and approving" said Plans (See Exhibit <br /> 3 of Applicant's Response, pages 59-80). The Terms and Conditions of the CDOT Access Permit <br /> state at C. 2. (d)that "Once accepted, CDOT will sign the plans as approved. Once approved the <br /> design plans will become final..." (See page 21 of the Attachment). <br /> Therefore, Ms. Reider's letter to the Applicant dated October 13, 2021, along with the lack of a <br /> signature from CDOT"accepting and approving"the Design Plans dated 1/27/20, indicate that <br /> the Applicant made a false statement in their Response. (See page 2, paragraph 2, ,wherein the <br /> Applicant stated "approved Design Plans,which are shown in Exhibit V') <br /> After making false and misleading statements in their Response regarding the CDOT Access <br /> Permit,the Applicant concludes by stating that "thus far (they have)taken steps to obtain legal <br /> right to access, and transport mined materials from the proposed mine location..." <br /> Hence,the Applicant agrees that at this time they do not have the legal right to use either <br /> Colorado State Highway 50 or Chaffee County Road 140 to access and transport the mined <br /> materials from the Holman property. <br /> Because ACA lacks the legal right to use the only public roads available to transport the mined <br /> materials from the Holman property,the referenced Permit Application should be denied. <br /> Please feel free to contact us with any questions or concerns regarding this matter. <br /> Sincerely, <br /> HAYDEN SPRINGS RANCH LLC <br /> BY <br /> Mark Anderson <br /> Manager <br />