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Page 4 of 5 <br />Connell Carr Pit <br />Adequacy Review <br />Terry Grazing Association. Please explain the legal relationship between JRT Limited <br />Partnership and Terry Grazing Association since the lease agreement was signed by JRT <br />Limited Partnership. Please provide the Division with a signed and notarized copy by all <br />parties of the lease agreement. Alternatively, the Applicant may submit another form of <br />source of legal right to enter per Rule 6.3.7. <br />19. The surface and mineral ownership for proposed mine site based on a search of Weld <br />County records indicates ETCHEPARE, LLC as the owner. Please provide proof of surface <br />and mineral ownership rights by Terry Grazing Association. <br />6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder <br />20. Please provided an affidavit or receipt indicating the date on which the revised application <br />information required to address this adequacy letter was placed with the local County Clerk <br />and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). <br />6.4.19 Exhibit S - 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 damage <br />to the structure; or <br />b. where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by <br />activities occurring at the mining operation; or. <br />c. where such structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility. <br />21. 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 of the site or comply with one of the other provisions of <br />Rule 6.4.19. <br />Please be advised the Connell Carr Pit application may be deemed inadequate, and the <br />application may be denied on April 21, 2014, unless the above mentioned adequacy review <br />items are addressed to the satisfaction of the Division. If more time is needed to complete the <br />reply, the Division can grant an extension to the decision date. This will be done upon receipt <br />of a written waiver of the Applicant's right to a decision by April 21, 2014 and request for <br />additional time. This must be received no later than the deadline date. <br />