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Donald R Co, son Jr. <br />January 4, 2016 <br />Page 5 <br />Please clarify if since tRe z00i permit application additional permits have been approvea or transferred. <br />If su plea.,e provide the Diviziun With these updates. <br />6.3.7 <br />EXHIBIT G - Source of Legal RigRt-to-Enter <br />Provide a description of the basis for legal right of entry to the site and to conduct <br />mining and reclamation, for Owners of Record described in Rule 1.6.2(1) (e) (i). This <br />may Be a copy of access lease, deed, abstract of title, or a current tax receipt. A signed <br />statement By the Landowner and acknowledged by a Notary Public stating that the <br />Operator/Applicant has legal right to enter and mine is also acceptable. <br />�,-Cction 8 of the lease agreement states -No, oil, petroleum products shall be stored a'aove or below <br />ground at the Sheehan Pit or the Stockpile Site unless prior written approval has been granted By the <br />[e�sor." Please provide documentation that hydrocarbons may be store in the storage shed. Or include <br />a statement in your mining plan that no hydrocarbons will be stored at this site. <br />6.3.12 <br />EXHIBIT L - Permanent Man -Made Structures <br />Where the mining operation will adversely affect the stability of any significant, <br />valuable and permanent man-made structure located within two hundred (zoo) feet <br />of the affected land, the Applicant shall either: <br />(a) <br />provide a notarized agreement between the Applicant and the Person(sl having an <br />interest in the structure, that the Applicant is to provide compensation for any damage <br />to the structure; or <br />Please include structure agreements for the following: Moffat County Roads 1 & 2 ROW features and <br />Bridge. <br />(b) <br />Where such an agreement cannot be reached, the Applicant shall provide an <br />approp, iate engineering evaluation that demonstrates that such structure shall not be <br />damaged by activities occurring at the mining operation; or <br />(c) <br />Mere sucFi structure is a utility, the applicant may supply a notarized letter, on utility <br />IetterRead, from t5e owner(s) of the utility that the mining and reclamation activities, <br />as proposed, will have "no negative effect" on tFieir utility. <br />On December 21, 2u15 the Division intormed you that there was an error in your notice publication <br />and that Rule 1.6.6 states when an error in notice occurs that the applicant snail be required to <br />publish and mail new notice of application and that all applicable deadlines shall begin anevv. To <br />date the Division has not received proof of re -publication. <br />Please submit your response(sJ to the above listed issues) by Monday, January 18, 2U16 in order <br />to allow the Division sufficient time for review. Please note tnat according to the board order the <br />permit must be approved by December 21, 2015, an a.&te..sioi, is pending with the 1 eyuii ed <br />approval date of January ZUth, 2016. <br />The Division will continue to review your application and will contact you it additional information <br />is needed. <br />This letter shall not be construed to mean that there are no other technical deficiencies in your <br />application. The Division will review your application to determine whether it is adequate to meet <br />the requirements of the Act after submittal of all required items. <br />Page 5 of 6 <br />