2011-09-09_REVISION - M1981185 ‎(43)‎

• Permit No: M1981185
• IBM Index Class Name: REVISION
• Doc Date: 9/9/2011
• Doc Name: Response to Fifth Adequacy Letter
• From: R Squared, Inc.
• To: DRMS
• Type & Sequence: CN1
• Media Type: D
• Archive: No

Mr. Wallace H. Erickson
Response to Fifth Adequacy
September 9, 2011
Page 5
were in conflict with Exhibit A and contradicted the maps listed above in
paragraph 4.a. Figures F -1, F -2, F -3, F -4 and F5 -A were stamped, signed
and dated by a Colorado Registered Professional Engineer.
c. Attachment D -1 of Exhibit D included approximately 26 engineer
drawings prepared by CLC Associates. According to CLC drawings
C4.11, C4.12, C4.13, C4.14, C4.21, C4.22, C4.23, and 07.00, the corridor
of affected lands for the roads is variable and ranges from approximately
44 feet to 180 feet wide. The engineer drawings appeared to be in
conflict with Exhibit A and the other maps of the application which
delineate a different boundary of affected land for the same road
segments. All of the engineer drawings from CLC Associates were
stamped, signed and dated by Colorado Registered Professional Engineer.
Please correct the inconsistencies identified in paragraphs 4a, b and c.
d. Figure D -1, Environmental Protection Plan, delineated a permit boundary
and boundary of affected lands which is different from all other maps of
the application. Figure D -1 also delineated affected lands located outside
of the permit boundary and on lands owned by Doyle E. Huckabay and
the United States of America. The application did not demonstrate a legal
right to enter lands owned by Doyle E. Huckabay or the United States of
America. Pursuant to Rule 6.4.14, the application is required to describe
the source of the Applicant's legal right to enter and initiate a mining
operation on the affected lands. If Figure D -1 is correct, please revise all
other maps of the application to reflect a consistent boundary and
describe the source of the Applicant's legal right to enter. If Figure D -1 is
incorrect, please submit a correct Figure D -1.
e. Figure 0-1, Owners of Record of Affected Land (Surface Area) and
Owners of Substance to be Mined, indicated portions of the affected lands
associated with the May Day 3 area to be located outside the permit
boundary and on lands owned by Liberty Communication. The
application did not demonstrate a legal right to enter lands owned by
Liberty Communication. Pursuant to Rule 6.4.14, the application is
required to describe the source of the Applicant's legal right to enter and
initiate a mining operation on the affected lands. If Figure 0-1 is correct,
please revise all other maps of the application to reflect a consistent
boundary and describe the source of the Applicant's legal right to enter.
If Figure 0-1 is incorrect, please submit a correct Figure 0-1.
f. Figure C -3, Existing Topography, displays numerous and substantial
mapping errors. The data layer(s) overlaying the topographic base map
have shifted several hundred feet to the east. No part of the operation is
DEN 97,599,531v1 9 -9 -11
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