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J. E. STOVER ~ ASSOGIATES, INC. P.O. BOX 60340 GRAND JUNCTION, COLORADO 81506 PHONE: (970) 245-4101, FAX 242-7908 MINE ENGINEERING MINE RECLAMATION May 21, 2007 Dan Mathews Division of Reclamation, Mining and Safety 101 South 3rd Street Suite 301 Grand Junction, CO 81501 ~~~~~~`` MAY 23 [uui Division of F. ,,.,m, Mining and Safety Re: CAM Mining, LLC Munger Canyon Mine Technical Revision Application, TR-22, Adequacy Review No. 2 Permit No. C-1981-020 Dear Mr. Mathews: CIVIL ENGINEERING CONST. MANAGEMENT The DRMS's letter dated May 17, 2007 transmitted its second adequacy review for the referenced technical revision, On behalf of CAM Mining LLC, following are its responses to the DRMS' comments and concerns: 6. DRMS: Stipulation No. 32 of the approved permit requires submittal of a written request for retention of the lower, privately owned section of haul road, prior to initiation of final reclamation of the Munger Mine Bench and Upper Access Road. CAM had requested that the stipulation be amended to allow for completion of the work specked in the revised reclamation schedule for 2007/2008, without providing written landowner request for retention of the lower road segment. Subsequently, CAM signed an easement agreement with the landowner (#11 Enterprises), indicating that #11 Enterprise °requests and consents to the retention of the road and bridge... ". The °request and consent", however, is subject to certain conditions set forth in the easement agreement between the parties. Given the conditional nature of the "request and consent" language included in the easement agreement, and the fact that the Division is not party to the easement agreement, we believe the prudent and appropriate approach would be to amend the language of Stipulation No. 32 within the TR-22 proposed decision, as previously proposed. The proposed language of the amended stipulation would read as follows: Stipulation No. 32 Prior to submittal of Phase I bond release application for the lower road to be retained for the postmining land use, the operator will submit a written request from the surface owner for retention of the privately owned segment of haul road (between the BLM boundary and State Highway 139). The request will indicate the surface owner's concurrence with the plan for road retention presented in permit section 3.3.1. Alternatively, a revised reclamation plan for the lower road segment demonstrating compliance with Rule 4.03.1(7)(a)(i) through (ix) will be submitted to the Division. Please let us know if the revised wording of the stipulation is acceptable to you. Note that the landowner request for retention of the road segment should include specific reference to their concurrence with the plan for road retention as presented in permit section 3.3.1.