2021-06-08_REVISION - M2001046 (9)

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Page 8 Mr. Eric Scott June 4th, 2021 stability of any significant, valuable and permanent man-made structure located within 200 feet of the affected area, the applicant may either: (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, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. You must provide information sufficient to demonstrate that the stability of any structures located within two hundred(200) feet of the operation or affected land will not be adversely affected. The information provided to-date detailing all structures/utilities/easements and owners inside or within 200' of the permit boundary is incomplete/inadequate/inconsistent. Please provide a separate map and table clearly depicting this information. Additional clarification regarding property owners within 200'of the permit would also be very helpful. DRMS notes that an email was recently received by the Division (April 30, 2021) containing a number of certified mail receipts, however, there was no way to verify if these mailings were notice to surrounding property owners within 200'of the permit(if so-it seems that several were missing based on the Existing Conditions Map such as Dixie Water, 4 Leaf Klover, Ralph Nix Produce, Weld County Road and Bridge, etc), or if they were notarized structure agreements for structure owners as required by Exhibit S. The structures/owners listed in Exhibit S do not seem to coordinate fully with the information on the Existing Conditions Map or the Certified Mail receipts provided(Collins Construction, Occidental Petroleum, DCP, United Power, etc.?)These certified mail receipts were proof of notice to the surrounding property owners within 200' of the permit. Dixie Water and Weld County Road and Bridge have been notified(See attached certified mail receipts).4 Leaf Klover has split in to two properties owned by Jose Rios and Silo Properties, both of who have been notified. Ralph Nix Produce's agent is Jerry Nix who has been notified. See attached Figure 1(Property Owners Within 200') Notices to surrounding property owners within 200'of the permit, and providing all structure owners on and within 200'of the permit with notarized damage waiver agreements are critical components of the permit notice process. DRMS cannot guess or assume based on the limited and inconsistent information provided to date if this has been properly completed. The applicant will need to provide clear maps/tables for each type of notice, and a clear demonstration that the appropriate notices were sent and delivered as required. Structure owners have been contacted in the period since the initial submittal, see attached Figure 2(Structure Owners Within 200')and certified mail receipts. Additional Information: You will also need to provide the Division with proof of notice publication as well as proof of notice to surrounding property owners within 200'of the permit. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. Included in this response is: A copy of all the 200' spacing and structure agreement proof of mailings. Figure 1(Properties Within 200') Figure 2(Structures Within 200') Groundwater Monitoring Plan - Groundwater Monitoring Table Updated Exhibit D Mining Plan