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Rob Laird <br /> June 13, 2017 <br /> Page 2 of 3 <br /> affected area boundary as required by rule. If ASCI wishes to differentiate between permit and <br /> affected area, the affected area boundary will need to be added to the submitted maps. <br /> EXHIBIT L - Reclamation Costs (Rule 6.4.12): (1) All information necessary to calculate the <br /> costs of reclamation must be submitted and broken down into the various major phases of <br /> reclamation. You must provide sufficient information to calculate the cost of reclamation that would <br /> be incurred by the state. The division will adjust the required bond as needed when all adequacy <br /> issues are addressed. <br /> EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): The document provided as Exhibit <br /> N states that Hunt Brothers Properties, Inc. is now the owner of the property to be amended into the <br /> permit through AMO 1. However,the legal right of entry documentation provided(signed by Daniel <br /> Hunt on November 22, 2016) states that Asphalt Specialties Co., Inc. is granted legal right of entry <br /> specifically for the purposes of permitting and zoning to mine sand and gravel. ASCI will need to <br /> provide DRMS with similar documentation stating that Hunt Brothers Properties, Inc. has granted <br /> ASCI legal right of entry to conduct permitted mining and reclamation activities. <br /> EXHIBIT S - Permanent Man-Made Structures (Rule 6.4.19): Please note that roadways and <br /> above-ground or underground utilities (if present) within 200 feet of the proposed affected area are <br /> considered permanent man-made structures. In accordance with Rule 6.4.19, when mining <br /> operations will adversely affect the stability of any significant, valuable and permanent man-made <br /> structure located within 200 feet of 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 <br /> structure, 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 <br /> engineering evaluation that demonstrates that such structure shall not be damaged by activities <br /> occurring at the mining operation. <br /> Please Provide evidence(certified letter to structure owners) that a notarized agreement between the <br /> structure owners and the applicant was pursued. If an agreement is unable to be reached a <br /> geotechnical assessment 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 <br /> within two hundred (200) feet of the operation or affected land will not be adversely affected. <br /> Structures within 200' of the proposed amendment area include CDOT Highway 85, and CDOT <br /> erosion control structures. ASCI will need to demonstrate to DRMS that CDOT concerns for <br /> stability of structures within 200 of the proposed mining activity have been sufficiently addressed. <br /> Additional Information: <br /> DRMS will not be able to approve this amendment application at the staff level unless the standing <br /> objection from Anadarko/Kerr-McGee regarding the surface use agreement for their gas/oil interests <br /> in the proposed permit area is withdrawn. In the event the objection is not resolved and withdrawn, <br />