2008-04-25_PERMIT FILE - M2008010

• Permit No: M2008010
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/25/2008
• Doc Name: Adequacy Response
• From: McStone Aggregates, LLC.
• To: DRMS
• Email Name: KAP
• Media Type: D
• Archive: No

Letter: Response to adequacy review, Permit Application M-2008-010 4/25/2008 page 12
blasting.
We believe that we have provided sufficient detail to meet the Mineral
Rules and Regulations requirements for an engineering evaluation,
either in Exhibit S or in this letter. Therefore, we do not believe that the
Division's request for a geotechnical stability exhibit is justified in
accordance with Rule 6.5. We also do not believe that there is a need
to obtain damage agreements with any persons or agencies. We
request that the Division reconsider its requirement for a separate
geotechnical stability exhibit.
12. Improvements to Access Road A.
Although Road A will be improved, that portion of Road A within 200
feet of the right-of-way line of US-160 requires, no improvements that
would meet the definition of "affected area" the road is required for
access to the property with or without mining activities, and the access
permit requirements must be met PRIOR to beginning mining.
Therefore, we believe that no additional agreement with either CDOT
or the utilities companies with structures located within the right-of-way
are necessary. As stated in item 11 above, Mr. Barton did include an
engineering evaluation of these structures in his report incorporated
into Exhibit S. Even if this portion of Road A had significant
improvements, there is no work which would be required that would
have any impact whatsoever that might be considered by the engineer
to threaten any geotechnical stability of the road or other structures in
the right-of-way.
In addition, please allow us to explain why we did not include portions
of Access Road A in the affected area. Improvements to this road are
based on requirements from CDOT for the Access Permit to US-160
which was issued by CDOT approximately 6 months ago, and required
by any change in access use for commercial purposes (not just
mining). The CDOT permit, as signed by the Operator, requires that
any damage caused to CDOT property or utilities in the right-of-way be
paid for by the Operator. In addition, Montezuma County requires
certain minimum standards for roads, even if privately owned.
Therefore, improvements are subject to a separate state-issued permit
and as we understand the Division's interpretation, are activities not
subject to a mining and reclamation permit. We may have erred in this
and apologize for any misunderstanding.
13. AST permits/notifications:
It was not our intent to give the impression that we might or might not
have above-ground stationary storage tanks (AST) present on the site
for fuel, lubricants, and other purposes. It is impossible to operate a
mining operation at a remote site and to operate crushers, screens,