2021-03-16_REVISION - M2021013 (2)

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Mr. Trent Irick Page 4 March 3, 2021 a) A labeled permit boundary which must incorporate all the affected area (Note: the affected area includes all the area to be mined as well as haul and access roads that are newly created or improved for the mine operation); b) Label the names of owner(s) of record of the surface of the affected area and of the land within two hundred (200) feet of the affected area, identify the owner of the substance to be mined, and the type of structure and owners of record of any permanent or man-made structures within two hundred (200) feet of the affected area (including the box culvert which is off the map and other structures listed in Comment 6 above); c) Outline and label all major surface features to be used in connection with the proposed operation such as: existing and proposed roads, pit boundary, topsoil stockpiles, overburden stockpiles, product stockpiles, waste rock fills, stream channels, buildings, processing plant, underground openings such as adits or ventilation facilities, ponds, impoundments, dewatering pumps, diversions or waste disposal areas; d) Indicate the direction that construction material extraction will proceed; e) The permit boundary must also be shown on the reclamation plan map. Please provide maps that include all items a through e above. 6.3.6 EXHIBIT F—Other Permits and Licenses 16. Larimer County Permit. Does Larimer County require a permit? 6.3.11 EXHIBIT K—Terms of Governmental Contract 17. Government Contract. The executed government contract with the City of Fort Collins was provided via email on February 26, 2021. No response is required. 6.3.11 EXHIBIT L—Permanent Man-made Structures 18. Permanent Man-Made Structures. For any significant, valuable and permanent man-made structure within 200 feet of the affected area, Rule 6.3.12 requires the applicant to: a) provide a notarized agreement between the Applicant and the Person(s)having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) where such an agreement cannot be reached (documentation demonstrating the attempt to obtain the agreement is required), the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) where such structure is a utility, the applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The three structures listed on the provided agreement with Eugene Hofacker must be identified on the Exhibit E maps. Please provide the notarized agreements for the other structures discussed in Comment 6 above; or if agreements cannot be obtained, demonstrate an attempt was made (certified mail receipts are acceptable) and provide an appropriate engineering analysis demonstrating these structures will not be damaged by the proposed operation. This may be similar to the letter provided Horrocks Engineers for the "North Poudre Irrigation Company Box Culvert". However, in order to accept this type of letter analysis, it must be demonstrated that there was an attempt to obtain the damage compensation agreement. Please