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C-2010-089 PARNos. 1- 1A -1B, 2-2A-2B1, <br />New Horizon North Mine Page 4 of 60 <br />The text was revised, and legal description designated as Appendix 2.03.6-1. Right of <br />entry documents have been reorganized and designated as Appendix 2.03.6- 1 (a) <br />through 2.03.6-1(e). Itent re %,olved in Hin-2011 response� <br />b) The legal description does not clarify whether the proposed mining area in the W 1/2 of <br />Section 25 is exclusive of the four County Road rights-of-way that circumscribe the <br />area. The permit boundary, as depicted on Map 2,04.3-1 (and others) appears to <br />incorporate the entirety of the' /2- section, including portions of the four County Roads. <br />Please review the information provided with the permit, to ensure that it represents <br />WFC's intentions. If the county roads are to be included within the permit boundary, <br />please provide supporting documentation from Montrose County agreeing to such <br />incorporation. If the roads are not to be incorporated into the pen-nit area, please revise <br />the permit boundary, maps, and legal description accordingly. (The Division suggests <br />that the permit boundary be established at or outside of the County Road rights-of-way.) <br />The Montrose County Special Use Permit (Appendix 2.05.3-1) requires all surface <br />facilities to maintain a 25-foot setback from County Road rights-of-way. WFC will <br />post permit boundary signs on the right-of-way fence; surface disturbance markers will <br />be posted 25 feet inside the fence. Iteiitre.voh,etliiiAIttj�-2011rc,,vl-yollse. <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 <br />to identify the documents by type and date of execution, etc. Leases, etc, are provided in <br />Attachment 2.03.6-1. Please include a description of these documents within the permit <br />text, as required by 2.03.6(1), and renumber the attachment with the leases to be Att. 2.03.6- <br />2. <br />Right of entry documents have been reorganized and designated as Appendix 2.03.6- 1 (a) <br />through 2.03.6-1(e). Item resoh,ed in 11K�17-2011 res])onse- <br />3. Rule 2.03.6(2) addresses the situation where the mineral estate has been severed from the <br />surface estate. Please add a narrative to this section of the permit addressing the subject of <br />severance of mineral estate(s) for the Garvey property (and any others) and directing the <br />reader to corresponding document(s) in the Attachment. Item resoh,ed in,41aj7-2011 <br />reslionse. <br />2.03.7 - Relationship to Areas Designated Unsuitable for Mining <br />1: The application includes a statement under 2.03.7(2) regarding the contractual obligation to <br />provide coal to the Nucla Generating Station, The purpose of this rule is only to address <br />those legal and financial commitments that existed prior to January 4, 1977, specifically as <br />they pertain to areas designated, or under study for designation, as being unsuitable for <br />mining. Please remove 2.03.7(2) from the application. Item reso&ed in 1vl'(�Is -2011 <br />res]7onse. <br />2. Subsection 2.03.7(3) addresses surface mining activities proposed within 300 feet of an <br />occupied dwelling, and the requirement that a written waiver be obtained from the owner of <br />the dwelling. Rather than "N/A", please provide a statement here as to whether surface <br />mining activities are proposed to occur within 300 feet of an occupied dwelling and, if so, <br />whether a waiver has been obtained. <br />