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Page 3 Mr. William Peetz September 26, 2002 6.4.14 EXHIBIT N -Source of Legal Right to Enter DMG has no comments at this time. 6.4.15 EXHIBIT O - Owners} of Record of Affected Land (Surface Area} and Owners of Substance to be Mined DMG has no comments at this time. 6.4.16 EXHIBIT P -Municipalities Within Two Miles DMG has no comments at this time. 6.4.17 EXHIBIT O - Proof of Mailing of Notices to County Commissioners and Soil Conservation District DMG has no comments at this time. 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder DMG has no comments at this time. 6.4.19 EXHIBIT S -Permanent Man-Made Structures DMG has no comments at this time. 6.5 GEOTECHNICAL STABILITY EXHIBIT No evaluation of the geotechnical stability is required for this application as presented.., Pre-Operation Inspection The DMG conducted apre-operation inspection of the proposed site on September 19, 2002 that indicated an infestation of Salt Cedar {Tamarisk) along Red Creek. The inspection report required the operator to submit a weed control plan and to begin control of the Tamarisk. The operator indicated through his consultant his wish to remove the flood plane of the stream from the permit azea and affected azea. This removes the noxious weed problem from the permit azea, therefore from DMG's purview. This concludes the Division's preliminary adequacy review of this application. Please remember that the decision date for this application is November 29, 2002. As previously mentioned if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303) 866-4924.