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November 11, 2010 <br />Mr. Michael Cunningham & <br />Colorado Division of Reclamation Mining and Safety 10 SELINE <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Konig Borrow Pit DRMS M-2010-055, Adequacy Review Response Letter <br />Mr. Cunningham: <br />The following are responses to each of the comments from your Adequacy Review Letter dated <br />November 3, 2010. <br />Application Forth <br />Comment: The Applicant has indicated on Page 2, No; 6 of the Application Form that Mr. <br />Michael Konig is the sole owner of the subsurface rights of the affected land. <br />However, the property title provided under Exhibit N lists multiple owners of the <br />subsurface rights. Please revise No. 6 of the Application Form accordingly. <br />Response: No. 6 on the application form has been revised and is included. A list of all <br />mineral interests for the affected land is also included. <br />Comment: Page 2, No.7 of the Application Form lists "Michael Konig" as the owner of the <br />surface of the land. This appears to be a typographical error, please submit a <br />revised copy of Page 2 with the correct spelling of the surface owner's name. <br />Response: No. 7 on the application form has been corrected. <br />Exhibit C Pre mining and Mininy Plan Map(s) of Affected Lands <br />Comment: The Applicant has indicated there are power lines and buried communication <br />lines on the west side of Weld County Road 81. As required by Rule 64.3(b), <br />please revise the Premining and Mining Plan Maps to show the location of the <br />power and communication lines that are within 200 feet of the boundary of the <br />affected land. In addition; show the owner's name of these structures as required <br />by Rule 6.4.3(g). <br />Response: The Existing Conditions (Premining) Map and Mining Plan Maps have been <br />revised to show the location and owner's name of these utilities. <br />Comment: The Applicant has stated the power and communication lines on the west side of <br />Weld County Road 81 are within the prescribed right-of-way for the road. The <br />Division requests the Applicant depict the prescribed right-of-way on the Pre- <br />mining and Mining Plan Maps. <br />Response: The Existing Conditions (Premining) Map and Mining Plan Maps have been <br />revised to show the approximate location of the prescribed right-of-way. <br />Corporate Headquarters <br />Denver West Office Park Building 4 <br />1536 Cole Boulevard, Suite 220 <br />Golden, Colorado 80401 <br />Ph 303.940.9966 <br />Fax 303.940.9959 <br />High Plains <br />Downtown Greeley <br />71011th Avenue, Suite 105 <br />Greeley, Colorado 80631 <br />Ph 970.353.7600 <br />Fax 970.353.7601 <br />Wyoming <br />Montgomery Building <br />109 East 17"' Street, Suite 1 <br />Cheyenne, Wyoming 82001 <br />Ph 307.635.1734 <br />Fax 866.242.9106 <br />Rocky Mountains <br />Pentagon West Building <br />2740 Acre Lane, Suite 205 <br />Steamboat Springs, Colorado 80487 <br />Ph 970.879.1825 <br />Fax 866.242.9106