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ENVIRONMENT, INC. MARCH 26, ZOOI PAGE 1 O enforce 404 regulations. The argument is supported by CRS 34- 32.5-104 that forbids the Division from enforcing another agencies regulations. 'The COE has previously stated that the permitting party (Platte Sand & Gravel LLC) would be held liable for fulfilling the 404 permit obligations and not the Mined Land Reclamation Board if they were not complete should PSG default on the reclamation permit, PS&G will not incorporate any 404 permit into the reclamation permit. 35. Exhibit S - Owners of Record of Affected Land - Surface Area contains all the names of easement owners and other surface leases of record. The scale of the map makes it hard to see the easements. I disagree that PS&G needs a source of legal right to enter their easement since the easement holders do not own the surface, only the right to use it. The surface owners still have the right to use the areas within the easement and both of the owners are principals of Platte Sand & Gravel LLC. Their ability to access their structures on the easements must be protected and PS&G has done that. PS&G's attorney is working on agreements with the oil and gas companies and Public Service Company (XCel Energy) that will address your concerns and PS&G's ability to mine close to their facilities. 36. The operator does not plan to mine thru any easements. HS Resources has been contacted regarding their concerns and they have sent us information on their future drilling plans. Patina Oil & Gas was contacted by PS&G's attorney and discus- sions are taking place to address their concerns. Rule 6.4.19 Exhibit S -Permanent Man-Made Structures 37. Attached is a letter from the Platteville Historical Society showing that their concerns were addressed. They will eventually be the custodial agency for the listed sites. Mr. Sharkey is working closely with them to improve the grounds around the monument and he has a good working relationship with the society. Attached is an excerpt from our Reclamation Plan Map showing the distance from the monument (site SWL814) to the mining areas surrounding it. Note: PS8~G will not mine closer than 222 feet from their monument envelope. site 5WL87o is not listed as a registered historical site. It is part of the old railroad bed that traverses the mine site from north to south. According to the Colorado Historical Society's (CHS) records it is a siding, bridge and possible depot site located near the river. Accordingly, they have no jurisdiction to forbid disturbing that area. However, Mr. Sharkey will work with them to preserve as much of the area as possible. For the record, i have enclosed an excerpt from our mining plan map showing the approximate location of site SWL870, (Adequacy Exhibit 6). Note that it lies mostly in area that will not be disturbed by mining.