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Mr. Jones <br />Page I5 <br />November 12, 2015 <br />Therefore, it may be necessary to file a Technical Revision at a later date to incorporate the <br />design details of the access road. Please respond. <br />6.3.7 Exhibit G — Source of Legal Right to Enter <br />25. The Applicant has stated under Exhibit G that land tax copies from Clear Creek were <br />attached to the submitted materials. The Division could not locate the attached materials. <br />Please submit a copy of a current tax receipt to demonstrate a legal right to enter the property <br />to conduct mining and reclamation. Alternately, the Applicant may submit a signed statement <br />by the landowner and acknowledged by a Notary Public stating that the Operator/Applicant <br />has a legal right to enter. <br />6.3.12 Exhibit L — Permanent Man -Made Structures <br />26. The Applicant has stated there are no permanent man-made structures within 200 feet of the <br />affected area. The access road is considered to be affected area and is within 200 feet of the <br />Ute Creek Road, a county owned and maintained road. The Division considers roads to be <br />permanent man-made structures. Please revise Exhibit L to include the county road. In <br />addition, please specify if there are any above or below ground utilities located along Ute <br />Creek Road. If above or below ground utilities are present, then they must be included in <br />Exhibit L. <br />27. Pursuant to Rule 6.3.12, where the mining operation will adversely affect the stability of any <br />significant, valuable or permanent man-made structure, the Applicant shall either: <br />a) Provide a notarized agreement between the applicant and the person(s) having an interest <br />in the structure, that the applicant is to provide compensation for any damage to the <br />structure; 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 />(Please see additional comments under Item No. 26) <br />