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We recognize that the Division must be notified as new areas within the permit are opened and that <br />bond requirements will increase unless there is offsetting reclamation that has been approved as <br />complete. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above- <br />ground or underground utilities (if present) within 200 feet of the proposed affected area are considered <br />permanent man -made structures. In accordance with Rule 6.4.19, when mining operations will adversely <br />affect the stability of any significant, valuable and permanent man -made structure located within 200 feet <br />of the affected area, the applicant may either: <br />(a) Provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damage to the structure; or <br />(b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br />operation; or <br />Yuma county roads 59 and N are both within 200 feet of the current or proposed affected area. Please <br />provide evidence (such as proof of delivery of certified letter to structure owners) that a notarized <br />agreement between the structure owners (Yuma County) and the applicant was pursued. If an agreement <br />is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall <br />not be damaged. <br />Proof of Notice to Yuma County regarding the proposed amendment is attached. Our contact with <br />Yuma County noted that actual mining will come no closer than 200 from Co. Rd. 59 and Co. Rd. N <br />and if there are concerns we are willing to pursue an agreement on damages. <br />Additional Information: You will also need to provide the Division with proof of notice publication and <br />notification of surrounding property owners within 200 feet. Any letters from other commenting <br />agencies /entities received by the Division to date have been included with this correspondence for you to <br />review. <br />Attached are Proof of Notices to surrounding property owners within 200 feet of the boundaries <br />shown in the amendment application. <br />I have also included Proof of Publication. Please let me know if any additional information is needed. <br />Thank you. <br />Sincerely, <br />CSY I <br />R an d �fer <br />Consultant <br />CC: Richard Fryrear <br />Yuma County Clerk <br />Enclosure: Proof of Notice to Adjoining Landowners and Surface Owners <br />Proof of Publication <br />State Engineer's form for Notice of Intent to construct a non jurisdictional water <br />impoundment structure <br />Revised Exhibit maps which are signed <br />Original seeding recommendation, including rates <br />