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A- <br />NN Banks and Gesso, LLC <br />No <br />October 16, 2009 <br />720 Kipling St., Suite 117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303) 274-8329 <br />www.banksandgesso.com <br />el, <br />Mr. Jared Ebert <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street - Room 215 <br />Denver, CO 80203 <br />RE: Answers to Adequacy Review #2, File # M-2009-054 <br />Proctor Pit, Otero County <br />All-Rite Paving and Redi-Mix <br />Dear Mr. Ebert, <br />Following are the responses of the applicant to the comments raised in your <br />October 5, 2009 Adequacy Letter #2: <br />6.4.3 Exhibit C - Pre-Mining and Mining Plan of Affected Land <br />1. The three strand barbed wire fence located near the proposed southern <br />permit boundary is not fully displayed on the Exhibit C maps. <br />Response: The new fence is owned by the Proctor's and is used to direct <br />cattle. This fence is drawn and labeled on the Exhibit C maps, which are <br />enclosed for your review... <br />6.4.19 Exhibit S - Permanent Man-Made Structures <br />The fence appears to be within 200 feet of the Proposed Affected Land. <br />Response: The limit of mining is moved to the north and is 200 feet from the <br />new fence. Exhibit C-2 and Exhibit F are revised to reflect the new limit of <br />mining. These maps and a revised Exhibit S are enclosed. The Affected <br />Area in the new permit area is reduced from 20 acres to 18.5 acres and the <br />overall Affected Area is reduced from 47acres to 45.5 acres. Pages of the <br />112 Application revising these numbers are also enclosed.