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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 7313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303} 866-3567 FAX: (303) 832-8106 August 22, 2003 COLORADO DIVISION O F MINEgRALS GEOLOGY iEC LA MATZO N•NINING SAFETY•SCIFNCE Mr. Ron Peterson Bill Owens Carder, Ine. Governor 400 East Crystal St. creg E. waid,er Lamar, CO. 81052 Ezecu[ive Director Ronald W. Cottony Division Director Re: Second Adequacy Letter, Windy Ridge Pit Permit Application, File No. M-2003-052 Natural Resource Trustee Dear Mr. Peterson: The Division completed a technical review of your response to the Division's first adequacy letter, Following are items that still need to be addressed so the application will meet the minimum requirements of the Act/Mineral Rules and Regulations: 1. Exhibit C -you were required to provide a description of the existing vegetative cover on the exhibit map. It appears you described the proposed seed mix instead of the vegetative cover. If you will review the new Exhibit J (Range Inventory form) you will see that the current vegetative cover consists of several grass species that you did not list (and your list contains two species that do not exist at the site; Switchgrass and Yellow Indian grass). Since the new Exhibit J lists all the existing vegetation, you will not be required to revise the map. 2. Exhibit F -the map shows all of Section 22.Of course, your proposed permit area only covers the north half of the Section. You show the north-south distances (east and west sides) as 2640 feet. This is incorrect. The distance is 5280 feet. You will need to revise the map to accurately delineate the proposed permit area. The rest of the information on the map is correct except that you need to provide a map scale. 3. Exhibit J -the range inventory form is exactly what is required for this exhibit. 4. Exhibit O -This exhibit requires a list of all "Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined". Does Windy Ridge LLC own the surface of the affected lands and the substance to be mined (since the substance to be mined exists below the surface)? Or, does Windy Ridge LLC own the surface and someone else own the substance to be mined? In your original exhibit, you provided a list of mineral right owners. If they are the owners of the substance to be mined, then they should have signed the Iease, or at least provided you with a document that allows you access to initiate a mining activity. You have asked that the names of the mineral right owners be deleted. Please provide a clear and precise narrative why they should not be listed. You will not need to file a copy of this letter or a copy of your response with the County Clerk and Recorder since this is not a technical revision or amendment of your application. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geolog\ca\ Su