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ENVIRONMENT, INC. <br />NOVEMBER 14, 2014 <br />PAGE 6 <br />Attached is a copy of a report prepared by ERO Resources for the US Fish and Wildlife <br />Service concerning endangered species both terrestrial and vegetative for the mine site. <br />According to the report there are no threatened or endangered species on the mine area. <br />They do advise there is a potential for Burrowing Owls using the prairie dog dens during <br />nesting season and suggest the site be surveyed prior to disturbing the prairie dog town <br />between March 15 and October 31 to avoid impacting any owls using the site. Albert Frei <br />and Sons will follow the suggestions in the report when dealing with the prairie dog town. <br />19) Please demonstrate that the prairie dogs will be removed in compliancd with all applicable <br />laws. <br />Albert Frei & Sons will comply with applicable laws when removing the prairie dogs from the <br />mine area. <br />6.4.19 EXHIBIT S - Permanent Man -made Structures <br />20) Please provide any of the following for all the permanent man -made structures located <br />within two hundred (200) feet of the affected land identified in permit application: <br />a. provide a notarized agreement between the applicant and the person(s) having an interest in <br />the structure, that the applicant is to provide compensation for any damage: to the structure; or <br />Eight Structure Agreements were mailed to all of the structure owners address of record on <br />July 29, 2014. Copies of the proof of mailing were provided in the application packet starting <br />on page 64. Of the agreements mailed, 3 were returned with notarized signatures and 2 <br />were returned as undelivered because of bad addresses in the Adams County Assessors <br />records. The remaining 3 have not been returned. We have met with the City of Thornton <br />who has one of the outstanding agreements and are working to address their concerns. <br />Should we receive any of the outstanding structure agreements copies will be provided to the <br />Division for the file. <br />b. where such an agreement cannot be reached, the applicant shall provide lan appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities <br />occurring at the mining operation; or. <br />A geotechnical analysis is being prepared by Deere and Ault to address the concerns <br />Thornton has regarding their Dahlia reservoir complex. For the slopes around Phase 2 we <br />revised the setback plan as discussed in response to 6.4.3 4) above. A Geotechnical <br />Analysis was prepared and is attached for the dry slopes in this area based on the setback <br />plan. <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 />Not applicable. <br />