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Rob Laird <br /> December 29, 2016 <br /> Page 2 of 2 <br /> EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): The document provided as Exhibit N <br /> authorizes Asphalt Specialties to access the property to be amended into the permit to conduct permitting and <br /> zoning activities—not mining. You must provide the source of your legal right to enter and initiate a mining <br /> operation on the affected land. <br /> EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be <br /> Mined (Rule 6.4.15): The documents provided as Exhibit O indicate that the property to be amended into <br /> the permit may change ownership on or before January 3,2017. Please submit a complete list of all owners <br /> of property to be amended into the permit after January 3,2017. <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 structure owners)that a notarized agreement between the structure <br /> owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment <br /> may be provided to demonstrate that the structures shall not be damaged. <br /> You must provide information sufficient to demonstrate that the stability of any structures located within two <br /> 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 to all property <br /> owners within 200 feet of the affected area. Any letters from other commenting agencies/entities received by <br /> the Division to date have been included with this correspondence 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 as <br /> additional information is supplied. Please remember that the decision date for this amendment application is <br /> March 16, 2017. As previously mentioned, if you are unable to provide satisfactory responses to any <br /> inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for <br /> continued review of this application. If there are still unresolved issues when the decision date arrives and no <br /> extension has been requested,the application will be denied. If you have any questions,please contact me at <br /> (303) 866-3567 x8140. <br /> Sincerely, <br /> Eric Scott—Environmental Protection Specialist <br /> Enclosures: SEO Comment Letter <br />