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DATE: Apri129, 2003 <br />TO: Robert Fleming, ADCO Co salting <br />~~0. <br />FROM: LARRY OEHLER, ):nvironmental Protection Specialist <br />RE: Permit No. M-1999-034, Cooley Reservoir & Fulton Wildlife Area, Amendment No. 1, Adequacy Items <br />GENERAL <br />1. Page 3 of the application includes a wrong address for Aggregate Industries - WCR, Inc. Please provide a <br />corrected page 3. <br />2. On page 2 of [he application, you show Michael A, and Michaleen Jeronimous as owners of subsurface <br />rights and owners of the surface. In your exhibit D, you say [hat these people aze 50% owners and that <br />James W. Gazdner and Allyson S. Gazdner are 50% owners. Were the Gardners noticed in accordance with <br />Rule 1.6.2(e)? If so, provide evidence of the notice. If not, [hey must be noticed as required by this Rule. <br />Add the Gardners to page 2. <br />EXHIBIT C -Pre-Mining and Mining Plan Maps of Affected Land <br />3. Rule 6.4.3(a) requires that [he name and location of all power and communication lines within 200 feet of <br />affected land be shown and named on a map in this exhibit. You have stated on the Pre-Mining Plan Map <br />that various utility providers of electricity, sewer, water, telephone etc. may have interests in the rights-of- <br />way shown hereon. If there are utilities in the rights-of-way within 200 feet of land proposed to be <br />affected, show them and name them on the pre-mining plan map. <br />4. Your Mining Plan Map shows the proposed Amendment area boundary as a solid heavy line. The affected <br />land boundazy is also shown with the same map symbol. Please show these two boundary lines with <br />different symbols where they are not the same boundary. The amendment boundazy symbol can be shown <br />where the two boundazies are the same. See Rule 6.4.3(3) <br />5. Exhibit B of General Warranty Deed (YourExhibit N) mentions aright-of-way granted to Sinclair Pipeline <br />Company. If the right-of-way is within the amendment area or within 200 fee[ of affected land, show it and <br />address it as necessazy according to all the Rules and Regulations relating to landowners. If there is a <br />Sinclair Pipeline Co. pipeline in the amendment area or within 200 feet of affected land, show it and <br />address it in exhibits C and S. <br />6. Please replace Exhibits C and F with maps of [he entire permit area including [he proposed amendment <br />area. <br />7. During the pre-operation inspection, Mike Refer informed [he Inspectors that a sewer line exists within the <br />proposed amendment area pazalleling the east boundazy. This line and an associated easement aze not <br />shown on the pre-mining plan map. Show the line on the map name it and list the owner. if [he sewer line <br />owner owns an easement show [he boundaries of the easement and treat the easement owner as a landowner <br />in all other appropriate exhibits. (Rule 6.4.3(g)) <br />8. Kazen Topper, an objector to [he amendment application, states that her residence and an out building are <br />40 feet east of the proposed amendment area boundary and that two of her wells are approximately 30 feet <br />east of the property boundary housed in a vault structure. If she is correct, all of these svuctures aze within <br />200 feet of the proposed affected land, and you must show them and name them on the pre-mining plan <br />map. There are also fences on the property line. If it they are owned by someone other than [he <br />