2006-11-22_REVISION - M2005012 - Laserfiche WebLink

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EXHIBIT A - Lesal DescrioNon (I) The proposed mine site is located approximately six and one-half miles east of the city of Montrose and about'/, mile south of U.S. Highway 50. The affected area consists of an 39.74 acre portion located within the N W 1/4 of the N W 1/4, Section 36, T49N, R8W, of the New Mexico P.M., Montrose County, Colorado approximately 6.50 miles west of Montrose, Colorado. This tract is wholly contained within 1128 acres owned by Nick H. Gray. The tracts immediately adjacent to the western and northern boundaries of the proposed permit area and extending to the County Road and U.S. Hwy 50 R.O.W. to the north and east aze owned by Mr. Nick Gray. Properties adjacent to the east of the County Road R.O.W and south aze ow.,~~ oy La,:y A Corporation and the United States Bureau of Land Management (USBLM) respectively. The 39.74 acre tract more specifically described as follows Beginning at the NW comer of Section 36 bears N 89 1T 16" E, 1323.31'; Thence S Ol 2T01" E, 1315.81'; Thence S 89 10' 34" W, 13.19.98'; Thence N 0 ] 35' 43" W, to the point of beginning containing 39.74 acres Average elevations in and around the proposed area of operations ranges from 6920 to 7120 feet AMSL. The purpose of this amendment is to: 1. Remove the proposed western access road and corresponding area (1.86 acres) from the permitted area, reducing the permitted area from the current tota141.60 acres to 39.74 total acres. 2. To switch the site access point from the northwest corner of [he permitted area to the east onto Kinnikin Road. The gate at this access point was under litigation. A settlement Agreement was reached between the applicant and Lazy A Corporation allowing the applicant access to Kinnikin Road at that point. A copy of the Settlement Agreement is located in Exhibit N. A Montrose County Farm approach permit has been issued for access at this point and an access constructed following both USACOE and required Montrose County specifications for a commercial access. Access road is a 24 ft. wide gravel road which crosses a small stream and tributary and intersects an existing road on the site. The existing road is an old stage route which runs along and above the north bank of a small tributary stream/wetlands. Silt fencing placed along a buffer zone above the wetlands area will be used to separate the wetlands area from the operations and/or stockpiling areas. The USACOE has inspected the crossing locations and wetlands and has provided permission and recommendations for culvert installation and wetlands management. The plan views and culvert sections drawings were provided by Del -Mont Consultants, Inc. Copies of the USACOE letters and Del-Mont drawings are attached in Exhibit B. The Applicant will clearly mark all permit area comers and stake the site perimeter and phase area boundaries using T-posts and wood survey stakes prior to any site disturbance. Prior to any site disturbance and in association with the silt fencing, painted T-posts, signage, construction fencing and wire with flagging strung between T-posts will be used to mark the wetlands to ensure [ha[ there is no disturbance. The haul road and site access road will remain after mining and reclamation has been completed at the site for landowner use.