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1. During 2010, the applicant was issued two separate violations by the Division. Please revise <br />the Compliance Information section to include violations CV-2010-002 and CV-2010-003. <br />Response - The Compliance Information has been updated. <br />2.03.6 - Right of Entry and Operation Information <br />1. The first sentence of Subsection 2.03.6(1) requires that the application contain a complete <br />and detailed legal description of the proposed permit boundary. <br />a) A legal description of the permit area has been provided, but it appears in the application <br />as Appendix 2.03.8-1, using numbering which is incongruous with the rules. Please rename <br />the legal description as Appendix 2.03.6-1, and include a brief description of the permit area <br />in the text, e.g. "the area to be mined consists of three parcels located in the W '/2 of Section <br />25, bounded by Montrose County Roads Z, 26.00, AA, and 26.50 ... the permit area also <br />includes an equipment corridor connecting the NHN permit area to the New Horizon Mine <br />permit area, crossing lands own by WFC..." <br />Response - The text has been revised as requested. The legal description of the permit <br />boundary is designated as Appendix 2.03.6-1. Additionally, the right of entry documents <br />have been reorganized and designated as Appendix 2.03.61(a) through 2.03.6-1(e). <br />b) The legal description does not clarify whether the proposed mining area in the W %2 of <br />Section 25 is exclusive of the four County Road rights-of-way that circumscribe the area. <br />The permit boundary, as depicted on Map 2.04.3-1 (and others) appears to incorporate the <br />entirety of the %2-section, including portions of the four County Roads. Please review the <br />information provided with the permit, to ensure that it represents WFC's intentions. If the <br />county roads are to be included within the permit boundary, please provide supporting <br />documentation from Montrose County agreeing to such incorporation. If the roads are not to <br />be incorporated into the permit area, please revise the permit boundary, maps, and legal <br />description accordingly. (The Division suggests that the permit boundary be established at <br />or outside of the County Road rights-of-way, and that the disturbed area boundary be fixed <br />at 100' (minimum) from the right-of-way.) <br />Response - WFC has requested Montrose County to allow WFC to disturb up to 25 feet if <br />the County rights-of way. Montrose County has approved WFC's request as apart of the <br />Special Use Permit. See Appendix 2.05.3-1 As discussed in the February 1, 2011 meeting <br />with DRMS in Grand Junction, WFC's intention is to post signs of the NHNpermit <br />boundary along the Montrose County rights-of way fence and mine disturbance boundary <br />within 25 feet of the County rights-of way fence. An exception will be taken in the legal <br />description to exclude the County rights-of-way from the permit boundary described in the <br />permit. <br />2. Subsection 2.03.6(1) requires the application to contain a description of the documents upon <br />which the applicant bases its legal right to enter and begin mining. This description is also to <br />identify the documents by type and date of execution, etc. Leases, etc. are provided in <br />Response to First Adequacy Review Page 5