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Additional clarif-cation is being sought from the Corps of Engineers. Past <br />responses when the operator was not placing any dredged or filled material <br />was that no Corps' permits were required. A copy of the Corps response will <br />be provided upon receipt. <br />4. Rule 63. l2 Exhibit L -Permanent Man-Made Structures <br />The operator states that there are no permanent man made structures within 200 <br />feet of the affected area. However, it appears that CR 59, CR N and utility power <br />lines are within 200' of the affected mining azea. Please state the proximity from <br />the pit to these structures. In order to mine within 200' of a permanent man-made <br />structure, the applicant shall do one of the foQowing: <br />• Provide a notarized agreement between the applicant and the person(s) <br />having an interest in the structure, that the applicant is to provide <br />compensation for any damage to the structure, or <br />• Where such an agreement cannot be reached, the applicant shall provide <br />an appropriate engineering evaluation that demonstrates that such structure <br />shall not be damaged by activities occurring at the mining operation, or <br />• Where such structure is a utility, the applicant may supply a notarized <br />letter, on utility letterhead, from the owner(s) of the utility that the mining <br />and reclamation activities, as proposed, will have "no negative effect" on <br />their utility. <br />Mr. Fryrear is committing to stop mining activity 200 feet east of Ca Rd. N <br />and the Highliue Electric Power tine running along that roadway. Yuma <br />County had agreed to a 100' baffer in the original permit between Co. Rd. 59 <br />and Area 1. That 100' baffer was used for Area 1. <br />Please also ensure that all utility owners (i.e. gas, power, roads) are notified of the <br />applicafion in accordance with Rute 1.6.2(t)(e)(ii), and submit proof in the form <br />of returned receipts or proof of person services. <br />Proof of notice to Highline Electric Association, owner of the power line, and <br />the Yuma County Commissioners, who control roads in Yuma County, are <br />attached. <br />