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Landmark Engineering <br />October 5, 2015 <br />Page 3 of 4 <br />EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): <br />The right of entry provided appears to only apply to exploration/assessment activity on the amended <br />area. Please provide a right of entry agreement that authorizes the full scope of mining and <br />reclamation activities proposed in the amendment for the entire permit area. <br />EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be <br />Mined (Rule 6.4.15): Please submit a complete list of all owners or show the owners on your map in <br />Exhibit C. Entire permit. <br />EXHIBIT P - Municipalities Within Two Miles (Rule 6.4.16): Please list any municipality(s) within two <br />miles of the proposed mining operation and address of the general office of each municipality. <br />EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District <br />(Rule 6.4.17): Please submit proof of actual delivery or proof of mailing by Certified Mail, return receipt <br />requested, of Notice of the Application to the local Board of County Commissioners and, if the mining <br />operation is within the boundaries of a Soil Conservation District, to the Board of Supervisors of the Soil <br />Conservation District. The postal machine invoice provided does not meet the required criteria because <br />delivery cannot be confirmed. <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 of <br />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 structure, <br />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. <br />Please provide evidence (certified letter to all structure owners within 200 feet of the amended permit area) <br />that a notarized agreement between the structure owners and the applicant was pursued. If an agreement is <br />unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not <br />be damaged. These owners will also need to be identified on the pre-mining/mining plan map <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 />Additional Information: You will also need to provide the Division with proof of notice publication and <br />notice to all property owners within 200 feet of the entire affected permit area. Any letters from other <br />commenting agencies/entities received by the Division to date have been included with this correspondence <br />for you to review. <br />This concludes the Division's preliminary adequacy review of this application. This letter shall not be <br />construed to mean that there are no other technical deficiencies in your application. Other issues may arise <br />as additional information is supplied. Please remember that the decision date for this amendment <br />