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ATTACHMENT 1. GENERAL NOTES AND CLARIFICATION <br /> Clarifications of application and operations <br /> Original Application (M1985-001 PERMIFILE70560) Page 8 Item 7 states as proposed land use: <br /> Possible commercial site-SHOP AREA. Page 8 Item 13 states as Description of Operation and <br /> Reclamation: (originally written in upper case) "Mine Gravel in a waste land area, until room <br /> is acquired for a shop and equipment storage area. Flattened area will then be graveled <br /> and landscaped. Side slopes will be bladed and prepared and seeded with range grasses <br /> and native brush and trees, in order to reclaim it to the natural state for wildlife habitat. <br /> This was understood as demonstrated by the memorandum sent to La Plata County Planning <br /> Office. The "wildlife habitat" was and is intended to be an incidental use to the primary use <br /> of the site for commercial activities (and necessary development), and NOT intended to be a <br /> primary use of the 10-acre-minus site after mining is completed. As shown on the maps <br /> (Exhibit E), the total area available for wildlife habitat is less than 4 acres, in an area which is <br /> expected to be fully developed within another decade. It therefore no longer makes sense <br /> to be reclaimed for such purpose. As discussed with DPW officials, slope is NOT a critical <br /> factor for wildlife habitat, either. <br /> Issues related to power line and two power poles (Exhibit Q: <br /> a. Boundary errors. The original survey of the north boundary of Parcel 566733300021 <br /> (the E 1/2 of W '/2 of NW '/4 of Sec 33) incorrectly located the boundary line as being 16 feet <br /> SOUTH of the true boundary. When LPEA obtained al5-foot easement for the powerline, <br /> including the two poles and built about 1991, that easement was obtained from the person(s) <br /> owning the property to the north. The poles were placed not in the center of the easement <br /> granted but near the south edge of the 15-foot easement (approximately 1 foot inside what <br /> was then thought to be the property line). With the correction to the survey, the powerline <br /> and its poles are now correctly identified as being on property belonging to the Helmericks. <br /> The centerline of the poles is located approximately 1 foot inside the easement and 15 feet <br /> south of the property boundary. They are therefore located approximately 1 foot outside <br /> what was believed to be the original permit boundary. <br /> Although LPEA does not have an easement agreement with them, the LPEA believes that <br /> LPEA was acting in good faith, and therefore the Helmericks are expected to abide by the <br /> conditions of the easement, even though that easement was granted by the person(s) who <br /> did not actually own the property. LPEA is also stating that another easement, which did not <br /> specify an actual alignment would cover obligations of the landowner and LPEA. This is <br /> clearly a matter outside my expertise and may require judicial action. However, the <br /> Helmericks recognize an obligation under the common law to NOT damage the LPEA <br /> property (the poles and powerline), or if their activities do damage that property, to make <br /> that damage good. <br /> Technical Revision to M1985-001 J&J Pit, LaPlata County, dated 24 AUG 2016 Page 2 <br />