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EXHIBIT E-MINE PLAN M.4P (Rule 6.3.5 (e)): As first referenced under Exhibit B above, it is the Division's experience that fences, which qualify as permanent man-made structures, are ofren overlooked in preparing an application and you have been asked to confirm your statement in the Exhibit B narrative that there are no fences either along the County Road 21 I right-of--way or the Econ Liquor, Inc. and So. Gas, Inc. property line. If one or both fences were found to be present, you were requested to revise Exhibit B. If you do find that there is a fence along the Econ Liquor, Inc: So. Gas, Inc. propem~ line, please not only revise Exhibit B to that effect but also provide revised Exhibit E-M maps on which this fence is illustrated and the o+vner identified. EXHIBIT E-RECLAMATION PLAN MAP (Rules 6.3.5 (±) (d) and (e)): The map indicates that only 4 to 6 inches of combined topsoil and overburden will be spread on the reclaimed surfaces of the mine. As indicated previously in this review (See discussion under Exhibit D-Reclamation Plan), this is not consistent with what is stated in the SCD reclamation plan or with the volumes of topsoil and overburden you indicate you plan to spread under your Exhibit D narrative. Once you have decided just how much topsoil and overburden will be spread on the excavated areas, please provide an appropriately revised Exhibit E-Reclamation Plan Map which includes the correct information. EXHIBIT F-OTHER PERMITS (Rule 6.3.6): Your listing of the permits you have considered as possibly necessary for your proposed operation does not include a 404 permit from the Corps of Engineers (Possible need discussed under Exhibit C-Mining Plan above.) or the possible need for a Storm Water Permit from the Colorado Water Quality Control Division. Your proposed operation does include the placement of fill material in the local drainage in conjunction with construction of a stream crossing as well as directing all runoff from the disturbed areas of the pit into a catchment basin adjacent to the local stream course. Please provide evidence of contact with the Corps of Engineers in regard [o the possible need fora 404 permit and the Colorado Water Quality Control Division in regard to a possible need for a S[onn Water Perntit and/or a detailed sediment pond design. ' EXHIBIT G-RIGHT OF ENTRY (Rule 6.3.7): You have satisfied the requirements o(this rule with the material you have provided. You should be aware, however, that the statement you have provided does not include mention of a right to enter the properly for reclamation purposes. The Performance Warranty which }•ou are also required to submit in order to secure a permit includes, however, your promise that you have lawful authority to enter the affected lands to conduct reclamation operations. You relationship +wittt the current land owner may be such that you consider a signed right to reclaim the property at the conclusion of your mining operation is unnecessary and understood. It is the Division's experience that a changes in the relationships ofJandowner and operator do occur, e. g. possibly brought about by a change in ownership, and this has, at times in the past, created a problem for an operator in anempting to reclaim according to a plan with which the owner, al that time, does not agree. You are not required to alter the document you have submitted in order to satisfy the requirements of this Rule but you might consider it practical to include in your right of entry- a statement covering a right to enter the propem~ for reclamation purposes. EXHIBIT L PERMANENT MAN-MADE STRUCTURES (Rule 6.3.12)): You have indicated in your response to the requirements of Exhibit B that there are no man made structures within 300 feet of the land to be affected by the mining operation. The Division, in its discussion of your response, has asked you to confimt that [here are no fences++'ithin this distance of your proposed permit/affected land boundaries. If, upon checking, you find that there is a fence along the Econ Liquors, Inc. and So. Gas. Inc. property line, the Division will accept that by keeping your mining operation within the proposed permit area boundaries, you pose no threat to a fence at that distance. If, however, }ou find that there is a fence along the right-of--way for Counh' Road 21 I with which your ne++' access/haul road connects and your road must pass thru [hat fence, then the Division considzrs that your operation has the potential to possibly damage that structure. In such case, you must meet the requirements of this Exhibit. In the event [here is a fence along the right-of-wa}~ for County Road 21 I and your accessAtaul road must pass thru that fence in order to connect with the county road, please provide a notarized agreement between you and the owner of the fence in which you agree to compensate the owner for any damage brought about b}' your mining operations. Otherwise. provide an acceptable engineering evaluation that the fence will not be damaged by your mining activities.