Laserfiche WebLink
Page 4 of 5 <br />Barton Pit <br />CN -0 1 Adequacy Review <br />17. The Division will estimate the cost to reclaim the site based on the information submitted <br />once the Applicant addresses the concerns noted in this letter. <br />6.4.14 Exhibit N — Source of Legal Right to Enter <br />18. The source of legal right to enter was not notarized as required by Rule 6.3.7. Please <br />provided a signed statement by the Landowner and acknowledged by a Notary Public <br />stating the Operator /Applicant has legal right to enter and mine. <br />6.4.19 EXHIBITS - Permanent Man -made Structures <br />Where the mining operation will adversely affect the stability of any significant, valuable and <br />permanent man -made structure located within two hundred (200) feet of the affected land, the <br />applicant may either: <br />a. provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or <br />where such an agreement cannot be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not <br />be damaged by activities occurring at the mining operation; or. <br />c. where such structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed, will have "no negative effect" on their utility. <br />19. Please provide the Division evidence the Applicant attempted to obtain notarized structure <br />agreements, typically a certified mail receipt, with all owners of the structures on and <br />within 200 feet of the affected area at the Barton Pit or comply with one of the other <br />provisions of Rule 6.4.19. <br />20. As discussed during the pre - operational inspection, please provide the Division with a <br />notarized letter, on utility letterhead, from the owner of the overhead electric line that <br />mining and reclamation activities, as proposed, will have "no negative effect" on their <br />utility. The Applicant may need to re- evaluate the proposed ten (10) foot buffer proposed <br />in the reclamation plan adjacent to the power poles. <br />Please be advised the Barton Pit permit conversion application may be deemed inadequate, <br />and the application may be denied on December 5, 2013, unless the above mentioned <br />adequacy review items are addressed to the satisfaction of the Division. If more time is needed <br />to complete the reply, the Division can grant an extension to the decision date. This will be <br />done upon receipt of a written waiver of the Applicant's right to a decision by December 5, <br />2013and request for additional time. This must be received no later than the deadline date. <br />M <br />