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<br />~) <br />EXHIBIT "B" <br />EXPLANATION - It has recently been brought to Coors Energy <br />Company's (CEC) attention that the permitting of the 4.2 mile <br />private black top road from the north end of County Road M59 <br />to the Keenesburg Mine Tipple is not clear since the mine <br />permit boundary at the south end crosses this road about 0.75 <br />miles south of the tipple. (See Appendix M-2). <br />This road shows on Appendix A-3 and its reclamation has <br />always been included as part of the reclamation bond <br />calculation. CEC has now revised Exhibit "B" to provide a <br />legal description for this road to the south end of the mine <br />permit boundary and to more clearly include this 29 acres of <br />paved access road. A-3 has also been revised to show the <br />extent of the private right-of-way. <br />If the boundary line on M-2 had been left open or <br />directed south along the right-of-way lines, this problem <br />would not have arisen. As stated above, this 29 acres has <br />always been included as part of the reclamation bond <br />calculation and is more of an oversight as to how the permit <br />boundary was depicted on M-2 then a significant concern as to <br />right-of-entry or unbonded land being used by CEC. <br />Given the high infiltration rate of the sandy soils and <br />the vegetative stabilization which has been achieved, and no <br />sign of gullies in the last nine year, CEC requests exemption <br />from additional sediment control measures on these low topsoil <br />piles under Rule 4.05.2 (3). These piles are described in <br />Exhibit "C" and are about 6' to 10' above original grade. <br />i•) <br />JA/jf <br />3/90 <br />