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Response - The information has been revised as requested. <br />4. 2.034(51- Updates to 2.03.4(1) thru 2.03.4(4) <br />Rather than stating that this section is "Not Applicable", please provide a statement saying <br />that the information provided under 2.03.4(1) through (4) will be reviewed and updated or <br />corrected as necessary following approval and prior to the permit being issued. <br />Response -A statement has been included as per the request. <br />5. 2.034(6) - Owners, leaseholders, purchasers of record <br />a) Rule 2.03.4(6)(a) requires the names and addresses of legal or equitable owners of <br />record of surface and coal to be mined. The permit application lists three individual <br />surface owners: Garvey and Co., George E. L. Glasier, and Meehan, Peggy Jo & <br />Thomas. Surface owners of record are also identified on Map 2.03.4-1. The entries for <br />Garvey and Glasier are slightly different on the map than they are in the text. Please <br />ensure that the ownership is correctly listed in both locations (map and permit text), and <br />that both listings match the official County records. Also, please add WFC to the list <br />(WFC owns the surface for the area traversed by the equipment corridor). <br />Response - The requested changes have been made. Map 2.03.4-1 has been revised <br />with correct information for George E.L. Glasier. Garvey & Company has changed <br />their name to Garvey & Company LLC. This change is now reflected in Section <br />2.03.4(6) (a) and Map 2.03.4-1. A copy of the letter informing WFC of the name <br />change is being submitted to be included with the lease document with Garvey & Co. <br />b) For ownership of the coal to be mined, the permit text lists Rice, Glasier, and Meehan, <br />while Map 2.03.4-2 appears to indicate that WFC owns the coal for the southern half of <br />the permit area (with overriding royalties to Rice for parcel #6). Please review the text <br />and map, revising each as appropriate to consistently reflect the coal ownership, and <br />add WFC (for map designations 6 and 12) to the text portion. <br />Response - The information in Map 2.03.4-2 is correct. The coal ownership text in <br />Section 2. 03.4(6) has been revised. <br />c) In 2.03.4(6)(b), WFC is listed as the leaseholder of record for both Surface and Coal. <br />Please list the map designations for each, i.e. 6, 56 and 57. <br />Response - The text information in Section 2.03.4(6)(b) has been revised. <br />d) According to 2.03.4(6)(c) and the Meehan lease provided in Appendix 2.03.6-1, it <br />appears that WFC does not have legal right of entry. WFC has an option agreement to <br />purchase the surface and coal held by the Meehans once the mining permit is approved <br />by the Division. WFC must demonstrate legal right of entry prior to the Division <br />issuing a proposed decision. <br />Response -As discussed in the February 1, 2011 meeting with DRMS in Grand <br />Junction, a copy of the warranty deed granted by Meehans to WFC will be submitted <br />to DRMS during the publication and comment period of DRMS' decision to approve <br />the NHN Mine permit. <br />Response to First Adequacy Review Page 3