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additional mineral owners. Please submit the source(s) of legal right to enter the site for all surface and <br />mineral owners. <br />The source of legal right to enter is still the existing lease. Some of the original owners on the lease <br />are now deceased. Their heirs are now receiving benefit from the lease. They were not specifically <br />named in the lease. <br />The deed for surface ownership to Gary and Virginia takes exception to the lease and minerals <br />currently being removed. A copy of that deed is attached. <br />9. The soils information provided in Exhibit C is not satisfactory to the Division as the map is difficult to <br />review and there is no key to match the unit symbols on the map with the types of soil complexes in the <br />narrative section. Please submit a clear map indicating where the different soil complexes are located as <br />well as the proposed permit boundary. The Division suggests using a large scale than the map that was <br />provided in Exhibit C. <br />Revised soil map information is provided. <br />6.4.9 Exhibit S - Permanent Man -made Structures <br />16. The structure agreement provided in the application is incomplete; the notarized agreement states "the <br />above listed structure" on the first page. It appears that the first sheet of the Division's sample structure <br />agreement is missing (this page is attached to this letter). In addition, the Application states that there is a <br />fence bordering the west and north boundaries of the pit. After further review of the adjacent landowners, <br />it appears the structure agreement obtained with the Weathers could only be for the fence to the north of <br />the pit. The fence to the west of the pit is most likely shared with different landowners. <br />Where the mining operation will adversely affect the stability of any significant, valuable and permanent <br />man -made structure located within two hundred (200) feet of the affected land, 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 />c. where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from <br />the owners(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative <br />effect" on their utility. <br />Signed and notarized structure agreements have been signed by the county and sent to the owners <br />west of the pit. They will be forwarded on receipt. <br />