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Brannan Sand & Gravel Company <br />January 23, 2015 <br />Page 4 of 5 <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): <br />18) Please demonstrate that the Applicant/Operator has attempted to obtain structure agreements with <br />any owner of a permanent man-made structure located within 200 feet of the newly added affected <br />area. In accordance with Rule 6.4.19, when mining operations will adversely affect the stability of <br />any significant, valuable and permanent man-made structure located within 200 feet of the affected <br />area, the Applicant/Operator may either: <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; <br />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 />d. Please provide evidence (such as proof of delivery of certified letter to structure owners) <br />that a notarized agreement between the structure owners and the applicant was pursued. If <br />an agreement is unable to be reached a geotechnical assessment may be provided to <br />demonstrate that the structures shall not be damaged. <br />You must provide information sufficient to demonstrate that the stability of any structures located within <br />two hundred (200) feet of the operation or affected land will not be adversely affected. <br />General Ouestions and Comments <br />19) Please provide proof of publication in the local newspaper as required by Rule 1.6.5. Proof of <br />publication may consist of either a copy of the last newspaper publication that includes the date <br />published, or a notarized statement from the paper. <br />20) Please provide proof of mailing or serving all owners of record of the surface and mineral rights <br />of the affected land; and the owners of record of all land surface within 200 feet of the boundary <br />of the affected lands, as required by Rule 1.6.2(1)(e). <br />21) Please address the attached comments from the Colorado Division of Water Resources. <br />22) Please have the maps required by Exhibit C and Exhibit F signed by a registered land surveyor, <br />professional engineer, or other qualified person as required by Rule 6.2.1(2)(b). <br />23) Please clarify on all maps that the yellow line is the pre -AM02 permit boundary. <br />