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B RA 1 <br /> tSMUZA ra( ) � TI UA <br /> " Founded 1906 <br /> 17 November 2016 <br /> Peter Hays <br /> Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: Response to Second Adequacy Review,Valley's Edge Resource, M-2016-030 <br /> Dear Mr. Hays: <br /> On behalf of Applicant/Operator Brannan Sand and Gravel Company, L.L.C.,this letter responds to the <br /> numbered items in the second adequacy letter for the above-referenced Regular 112 Reclamation Permit <br /> application. <br /> 1. The Applicant believes that all owners of record have been noticed in accordance with Rule 1.6.2(e). <br /> The most recent notice was mailed to owners of the Sack property on November 2, 2016,as explained <br /> in the Applicant's last (November 8)adequacy response. Thus, permit action may be taken as of <br /> November 22, 2016,twenty days after the postmark of that mailing. <br /> The Division's most recent letter identified a number of parties as potentially entitled to notice. For <br /> the following reasons,there is no outstanding compliance issue with Rule 1.6.2(e)associated with <br /> these parties: <br /> a. Zayo Bandwidth is not an owner of record. As noted on Exhibit C-1, and in accordance with the <br /> common practice of co-locating telecommunications facilities, Zayo operates under agreement or <br /> license with the easement owner. In the instant case, Level 3 is the relevant easement owner and <br /> was properly noticed. <br /> b. Hunt Brothers Properties does not own property within 200 feet of the Affected Land. All <br /> property on the west side of the Union Pacific Railroad is outside the notice boundary, as the total <br /> railroad right-of-way creates a 400-foot offset between such property and the Affected Land. <br /> c. The southern boundary of the Affected Land is separated from Weld County Road 6 by <br /> approximately 1300 feet(one-quarter mile). In this general locale,the roadway is known as <br /> Crown Prince Boulevard and is maintained by the City of Brighton. No public or private facilities <br /> associated with this roadway are within the notification radius. <br /> d. See 1c, above. Note also that,to the extent that,with its access drive,the Affected Land extends <br /> north to Weld County Road 8,the right-of-way onto which the driveway will connect is owned <br /> 2500 East Brannan Way I Denver I CO 80229 1 303.534.1231 Tel 1 303,534.1236 Fax <br /> www.brannan 1.com <br />