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MASSEY SEMENOFF STERN ~ SCSWARZ~ P.C. Ms. Erica Crosby March ] 3, 2000 Page 2 (d) DMG Adequacy Item No. 9, which pertains to the legal right of enter and mine the so-called "Braly Property." ^ DMG Adequacy Item No. 2 -Man-Made Structures Construction Materials Rule 6.4.19 requires a notarized agreement between the applicant and the owner of any significant man-made structure confirming that the applicant will compensate the structure owner for any damage that might result from the mining operation. Alternatively, the applicant can provide the Division an engineering evaluation demonstrating that the structure will not be damaged by the mining operation, Rule 6.4.19 only applies "[w]here the mining operation will adversely affect the stability of significant, valuable or permanent man-made structures located within two hundred (200) feet ojthe aJJected land ...." ' (Emphasis added) The term "affected land" is defined to include "the surface of an azea within the state where a mining operation will be conducted, which surface is disturbed as a result of such operation."Z Attachment A to this response sets forth copies of letter agreements prepared by Western Mobile and supplied to the owners of various significant, valuable or permanent man-made structures located within 200 feet of the affected land. While Western Mobile belives that these structures will not be adversely impacted, as contemplated in Rule 6.4.19, the agreements aze provided nonetheless to address the Division's stated concerns s Fully executed copies of these ' letter agreements will be supplied to your office as soon as they aze returned to the applicant. It should be noted that Attachment A does not include letter agreements related to structures located on the affected land. For structures on the affected land, Construction Materials Rule 6.4.3(g) requires that such structures be identified on the "Exhibit C" pre-mining ' and mining plan maps. This information is set forth in Exhibit B to the Hart Environmental submittal as requested by the Division. Please note that no letter agreements regarding structures owned by a Western Mobile subsidiary company have been provided. This applies regazdless of whether there may be Western Mobile owned structures either on or within 200 feet of the affected land. This is because the Western Mobile companies aze wholly owned subsidiaries of Lafarge Corporation. This therefore differs from the situation Rule 6.4.19 is calculated to address, whereby the ' Z It should be noted that the Adequacy Review No. 2 suggests that Rule 6.4.19 requvements apply to impacts from both mining and reclamation. In point of fact, the standard is limited to impacts from the "mining operation" The term "mining operation" is defined in Construction Materials Rule 1.1(27) to exclude reclamation. a Letter agreements were supplied to Boulder County, Southdown, lnc., Poudre Valley REA, US West, the Ciry of Longmont, and Public Service Company of Colorado. Copies of fowl executed ageements have been returned by Poudre Valley RF.A and Public Service Company. These are set forth m Attachment A. As soon as the remaining executed letter agreements become available, copies of the same will be sent to your attention.