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Ms. Erica Crosby, Division of Minerals and Geology <br />March 23, 2005 <br />Page 16 ~~ <br />We will forward the information associated with the reclamation calculations to you under separaieR E s-~u a c E s, r r c <br />cover. <br />Rule 6.4.13 Exhibit M- Other Permits and Licenses <br />38. The vegetation study prepared by the applicant states that, "...impacts to this wetland may <br />require authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of the <br />clean water act" Please inform the Division if a 404 permit will be obtained prior to <br />disturbance of the wetland area. <br />The applicant will obtain a 404 permit prior to disturbing any jurisdictional wetlands on the property. <br />Rule 6.4.19 Exhibit S-Permanent Man-Made Structures <br />39. In the Civil Resources letter it states that, "...the aggregate will likely be transported via <br />conveyor to a processing plant located west of Highway 85 on the existing Lafarge property." <br />The conveyor is not included in the mine plan or exhibits. Please clarify and revise the permit <br />and maps accordingly. <br />There will not be a conveyor over Highway 85. The stability analysis has been revised accordingly. <br />40. The Civil Resources report notes a number of borings and piezometers located on the <br />property. Please be aware that the applicant must file for a Notice of Intent to Conduct <br />Exploration Operations prior to the commencement of such activity. Please see Rule 5 for <br />further detail. <br />41. Please be aware if the applicant encroaches info any easements as a result of the mining and <br />operation plan, then the applicant must obtain legal right of entry document hom the <br />easement holder. Please state what easements will be included, and provide legal right of <br />entry agreements. <br />The only easements that will be encroached upon are where the gas line will be relocated on the <br />Adams property and the Panhandle pipeline easement. The Panhandle pipeline easement is a <br />nonexclusive easement, thus a legal right to enter is not necessary. Please refer to Attachment 7 for <br />the proof that this is a nonexclusive easement and we have the Legal right to enter. <br />42. Please inform the Division as to the recorded easement distance for Highway 85, and locate <br />such easement on the ezhfbits. <br />It is our understanding, and confirmed with a phone conversation wfth Joe Intermill (CDOT <br />Consultant) that the Highway 85 ROW matches the existing property line (fence). Therefore, the <br />property line on the Exhibits represents the easement line. <br />43. On the Villano property, there is a 50-foot gas tine easement running due north of the welt. <br />There does not appear to 6e an offset from the Temporary 4' high berm and the boundary of <br />the easement. Please clarify. <br />The easement holder does not have the right to land outside of the easement. No setback is <br />necessary. <br />