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<br />E.xlribit Q - Proof of Mailing Notices to County Commissioners and Soil Conservation District
<br />The proof of delivery of the notice to the commissioners is adequate, consisting of a signed and dated copy of the
<br />notice. Howvcver, the corresponding notice to the La Plata SCD, which also consists of a signed copy of the notice,
<br />does not contain enough information identifying to whom it was delivered. [had to call to Team [hat the signer,
<br />"RJC," is a USDA Natural Resources Conservation Service employee. He handed the notice to his supervisor, also
<br />employed by NRCS. That supervisor stated that the notice was, in fact, delivered to the SCD supervisors. The
<br />requirement of this notice is that iC be delivered [o and received by the SCD, not the NRCS. In the future, if a hand-
<br />delivered notice is submitted to satisfy application exhibit requirements, please ensure that it clearly shows that it
<br />was either received by the intended addressee (SCD), or [hat it was received by an identifiable party (i.e., RJC with
<br />NRCS) and ++•ill be forwarded to the intended addressee. At this time, this exhibit is adequate.
<br />Exhibit S -Significant Man-made Structures
<br />Your information describes [he underground pipelines, overhead po+verlines, and perimeter fencelines adequately.
<br />I agree that damage to them is inlikely, due to the setback distances behveen all structures and the edge of the
<br />affected areas.
<br />The issue of the Phase 7 access road crossing under the LPEA powerline must be resolved. You provided a copy of
<br />more recent letter from LPEA, received here on 3/29/00, pertaining to restrictions on this road. A cop}• of your
<br />response to LPEA, received here on 4/10/00, states that a road crossing under a specific point of the lines will be
<br />constructed. You may have to either avoid operating under tktat line, or agree to LPEA's conditions. If you intend
<br />to comply +vith their conditions, it must be stated as such (for inclusion in your Exhibit D), and be submitted in the
<br />fortn of ajointly-signed and notarized damage agreement (for this exhibit). If a road is to be built, then road
<br />construction and reclamation details must be submitted for inclusion in your Exhibit D and E narratives, and showvn
<br />on revised Exhibit C and F maps.
<br />The private road crossing Phase 7, noted above, must be fully identified and described. If owned wholly or itt part
<br />by another party, similar documentation as that required for the powerline will have to be submitted.
<br />Additional Items
<br />You provided another recent submittal, consisting of the certified mail cards and signed receipts showing proof of
<br />notice to all adjoining landowners. There are names sltow+m on the reclamation map which do not appear in the
<br />group of cards: Anthom• Zelletti [sic] & Marilyn Barry, and Dorothy Leidy. Please ensure that all adjoining
<br />landowners are properly notified, and that proof of such notice is submitted before the decision date.
<br />You provided a notarized affidavit of publication, which appears accurate, correct and complete. It allowed me to
<br />determine the end of the public comment period (4/14/00). There were no adverse public comments received prior
<br />to the end of the comment period, and none received to-date.
<br />Tltis adequacy letter to you and all written materials submitted to me in response must be additionally filed with the
<br />county clerk and recorder. Please ensure that they are all promptly filed, that you obtain a receipt for each filing,
<br />and that all receipts are provided to me prior to the decision date.
<br />The decision date is currently set for 6/1/00. Please be reminded that if all required materials are not submitted by
<br />that date, the application may be denied. If you find that you need more time to provide any required materials, you
<br />may request an extension to the decision date.
<br />Overall the application was well prepared. For the numerous small items of concern, 1 have tried to be all inclusive
<br />in this letter, so that vve may minimize the amount of correspondence needed [o ans+ver these items adequately.
<br />Your complete, prompt responses will enable me to more quickl}• reach a decision on this application and estimate
<br />a more accurate bond amount. If •ou have any questions, I may be reached a[ the Division's Durango field office:
<br />701 Camino del Rio, Room 125, Durango, CO 81301; tel 970/247-5193 or fax 970/247-5104. 1 look forward to
<br />yourresponses.
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