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r • Southdown, Inc. • Highland Ditch Co. • Burlington Northern Santa Fe Railroad The amended mining area will not affect any exclusive easement holders on the subject property. As mentioned in Response 3 above, the Company commits to obtaini ~ the necessary approval from the appropriate easement holders and providing proof of said approval to ~~ the Division. 1 / 42. Comment: Page O-1 identifies Henry Braly of Longmont, Colorado as a surface and sand & gravel owner. Please identify Henry Braly's ownership on ' Exhibit O and provide Western Mobile, Boulders legal right of entry to mine on Braly's property. Response: The Division is referred to the sand and gravel lease between Mineral Reserves, Inc. and Frontier Materials, Inc., which is to be found in WMI's July 1, 1999 DMG permit amendment application. Henry Braly was the owner of Frontier Materials, which company has since been acquired by Western Mobile, Inc. ~3. Comment: On page P-l, the apphcant states that the proposed expansion is located in unincorporated Weld County. The proposed operation is located in Boulder County. Please correct this discrepancy. ' Response: See Attachment #14, Corrected Exhibit "P". 44. Comment: The letter report and recommendations prepazed by Scott, Cox and Associates and included in Exhibit S to the Lyons Pit amendment application recommends a horizontal mining setback from man-made structures equal to three times the vertical depth of excavation. The Division can stipulate without any further analysis that the recommended setback will be protective of most types of man-made structures. However, map Exhibits C-I and C-3 provided with the amendment application illustrate man-made structures, anticipated pit depths, and limits of extraction that conflict in certain locations with the 3:1 horizontal setback distance versus excavation depth setback criteria. The following analysis and recommendations aze provided in an effort to DMG Adequacy Review Response Page 17