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MMRR Quarry, M-2004-067 Response to Jan. 21 Atlequacy Review March 23, 2005 Page 18 In summary, the applicant believes that speculation is the sole basis for much of the objection related to local land use review. Moreover, an applicant who may reasonably expect to seek a permit in the future solely bears the obligation to do so under the Construction Materials Act and cannot be denied a reclamation permit based on speculation about the outcome of a discretionary or ministerial process that is intended to allow for mining related activity. Please see the attached memorandum for the applicant's complete and definitive presentation of the applicable law. 6.4.19 Exhibit S. This adequacy response will serve to verify that it is the intent of the applicant that the affected area, including the main access road, will be kept at least 200 feet distant from all permanent man-made structures until Rule 6.4.19 has been satisfied with respect to each structure. This stipulation will continue in effect while attempts to reach agreements and demonstrations of slope stability are actively pursued. In the paragraphs below, we update the DMG on the status of efforts under Exhibit S and propose that, given basic assumptions about the entry road and a commitment to incorporate the safety of these structures into the blasting plan for the site, structural integrity is sufficiently demonstrated for all the structures listed under this Rule. The applicant has offered and attempted in good faith to enter into Rule 6.4.19(a) structure agreements with each of the three structure owners listed on the submitted Exhibit S. Exhibit C-1 has been revised to show potential new structures on the property of Clear Creek Convenience, LLC, within 200 feet of the entry road to the MMRR Quarry. Exhibit S is accordingly revised to also include any paved area and permanent signage within 200 feet of the quarry property associated with the following property owner of record: Clear Creek Convenience, LLC 20203 Highway 60 Platteville, CO 80651 Provided that field verification shows that a structure (or structures] on the convenience store property is within 200 feet of the proposed entry drive, the applicant will send a proposed structure agreement to the property owner and incorporate this property into Exhibit S compliance efforts. Field verification is also necessary to determine if the sanitary sewer line owned by Black Hawk Central City Sanitation District is still within the