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Continued,Page 2 of 2:Incompleteness Notice;110c Construction Materials Application;Jolly Pit#3;File No.M-2016-075 <br /> with the correct wording for Applicant/Operator, title and signature for both the <br /> Applicant/Operator portion as well as the Notary portion. <br /> GENERAL <br /> 4. Although not necessarily a completeness issue, but similar to the Incompleteness Item#3,the <br /> Performance Warranty submitted with the Application contains an error. Please revise the <br /> notary section to include the correct title of the signer. A new Performance Warranty is <br /> enclosed. Attached is a revised Performance Warranty with corrected title and signer <br /> information in the notary section. <br /> EXHIBIT G— Source of Legal Right-to-Enter(Rule 6.3.7) <br /> 5. The Applicant has stated that Patrick A. Jolly is the surface owner of the affected land and 29 <br /> parties/individuals (including Patrick A. Jolly) as the subsurface owners of the affected lands. <br /> Exhibit G only included the source of legal right to enter for Patrick A. Jolly. In accordance <br /> with Rule 6.3.7, please provide the source of legal right to enter for the other 28 subsurface <br /> owners OR demonstrate that Patrick A. Jolly is the sole owner of the commodity being mined <br /> and no legal right to enter documentation is needed for the other owners. Attached is the <br /> original Mineral Deed that does not specifically mention sand/gravel as a mineral. Also <br /> attached is a "mineral" term definition provided by our local abstract office. We do not <br /> believe that it is necessary to obtain a legal right-to-enter for subsurface owners as <br /> sand/gravel is a commonplace material not considered a mineral like oil or gas minerals. <br /> Therefore, Patrick A Jolly is the sole owner of the commodity being mined and no legal <br /> right-to-enter documentation is needed for subsurface owners. <br /> EXHIBIT I—Proof of Filing with County Clerk(Rule 6.3.9) <br /> 6. Any changes or additions to the application on file with the Division, must also be reflected <br /> in the public review copy. Please submit proof that the public review copy has been updated <br /> or a copy of the response to this Incompleteness Notice has been added to it. Attached is a <br /> signed Exhibit I document by the clerk and recorder's office showing proof of filing with <br /> County Clerk that the copy has been updated in response to the Incompleteness Notice. <br /> Thank you for your time regarding this matter. If you have any questions or concerns, please do not <br /> hesitate to contact this office at the address, phone number or email address listed above. <br /> Sincerely, <br /> ,-�)jW PLW�16Y�aA <br /> Marcy L. Brossman <br /> Cheyenne County Administrator <br /> Attachments <br /> Rod Pelton, Commissioner Chairman Nancy Bogenhagen, Commissioner Patrick J. Ward, Commissioner Vice Chairman <br /> Marcy L. Brossman,Administrator Patricia Daugherty, Clerk to the Board <br />