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~ • III Illlllllllllllll Varna Companies, Inc. 2130 S. 96th Street Broomfield, Cotoratlo 80200 Telephone (303) 666-6657 FAX 666-6743 Friday 23 April 1999 Gregg R. Squire, Environmental Protection Specialist Colorado Division of Minerals and Geology 1313 Sherman Street, #215 ~ `~ ~ ~j Denver, Colorado 80203 ~,'}-L Cn ~ Subject: M99-006 -Sand Land, Inc. -Kurtz Resource Recovery and Land Development Project Application -Reply to your Adequacy Review of 21 April 1999. Dear Gregg: Your comments of 21 April are reiterated with our reply to each in boxes for enhanced clarity. Additional comments or required submittals follow, and are included with this submittal: 1) Exhibit A -Legal Description The statement is made in this Exhibit that °Where lands have been excepted into the permit boundary, platted boundaries, shown in Exhibit A- Legal Description, will be honored until ownership of the lands excepted into the boundary have been validated." Please note that the Division can not approve an area as part of a permit where the applicant does not have proof of legal right-of-entry. If legal right-of-entry is not provided to the Division prior to the approval of the permit these areas will not be considered as part of the permit area. The applicant can add these areas after permit approval by submitting an amendment application, Understood. Submitted is new title work showing the apx. 1.5± acres in Area II as being removed from the legal exceptions. This will allow the area to remain a part of the indicated permit boundary. Supporting documentation is included. The value of excepting properties into the permit area pending resolution of legal determination was to reduce needless amendment fees. The areas are not effective until evidence of legal right to enter is presented, as in this instance. Regardless, other lands excepted into the permit will require additional time to prove. 2) Exhibit D-Mining Plan The applicant makes reference to a "later, Exhibit C-3: Protection of Existing Facilities Pfat." When does the applicant plan to submit this Exhibit? 'Exhibit C-3: Protection of Existing Facilities Plat, is included with this submittal and signed/stamped by a Colorado registered professional engineer. The exhibit shows with greater precision the relative position of stockpiles and extraction to easements and structures. Where inconsistencies exist within the permit, Exhibit C-3 takes precedent over any other text or maps respective of this concern. 3) Exhibit E- Reclamation Plan