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Rule 1.6.2 (11(e)(iil -General Applicant Procedures <br />The Applicant notified the Division that the objectors' attorney notified the Applicant, on May <br />31, 2006, that during the application process, the Applicant failed to notify Qwest of the permit <br />application, and that Qwest has an underground line buried within 200 feet of the permit <br />boundary. Additionally, the obj ectors' attorney informed the Division that there is an overhead <br />utility line that is believed to be within 200 feet of the eastern permit boundary. <br />The questions raised by the above comment is related to Rule 1.6.2(1)(e)(ii) of the Construction <br />Materials Rules and Regulations, regarding the requirement that the applicant mail or personally <br />serve a copy of the notice immediately after the first publication to the Owners of Record of all <br />land surface within 200 feet of the affected lands. <br />The Applicant did, in fact, fail to notify Qwest and the owner of the overhead utility line of the <br />permit application. The Applicant informed the Division that the overhead utility line is 1,000 <br />feet from the permit boundary. Upon realizing the oversight in notifying Qwest, the Applicant <br />contacted Qwest regazding the permit application and acquired a signed, notarized agreement <br />from Qwest on June 2, 2006, waiving its right to participate in a comment period or to object to <br />the permit application. Also, a signed damage agreement between the Operator and Qwest is in <br />place. A utility locate was also conducted at the request of the Applicant, and although a <br />determination has not been made as of the date of this document, the line is likely outside of the <br />200 foot envelope from the permit boundary. <br />Division Comment <br />This issue was not raised during the public comment period and therefore is untimely. It does, <br />however, address a deficiency in the application. The Division believes that this deficiency has <br />been adequately addressed by the Applicant. <br />III. DIVISION RECOMMENDATION <br />It is the Division's determination that the Applicant has fulfilled all of the minimum requirements <br />for approval of a reclamation permit for the Allen Pit site, and recommends that the permit for the <br />site be approved, with the condition that the Operator notify the Division within 48 hours should the <br />rights to the sand and gravel at the site be contested by the possible owner(s) of mineral rights. <br />