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DEFICIENCY NOTICE CM1ILRB 112 Permil Application <br />Agile Slone Systems. Inc. <br />• <br />EXHIBIT N -Source of Legal Right to Enter <br />If you have not exercised your purchase option prior to the Division making a <br />recommendation to the Mined Land Reclamation Board (NLRB) regazding <br />whether to approve your application, provide another source of legal right to <br />enter. <br />A letter has been obtained from the current owners allowing the applicant <br />access to the permit/project area. <br />2. What is your legal right to enter the existing railroad right-of--way to connect your <br />permit area rail lines to the existing rail line? Also provide your legal right to enter <br />the power line right-of--way (if one exists) to conduct any mining activity that <br />disturbs the land. <br />The applicant has granted the railroad the right to enter the applicant's <br />permit area. See letters to Union Pacific Railroad and Rock & Rail, Inc. <br />• There is no easement for the power line right of way. The power company has <br />an easement for their poles. Discussions and correspondence with the power <br />company requires the applicant to not conduct any disruptive activity within <br />30' of any pole which is discussed in Exhibit D. <br />EXHIBIT O -Owner(s) of Record of Affected Land (Surface Area) and Owners <br />of Substance to be Mined <br />List all owners of surface rights-of--way in areas to be affected by mining <br />activities and within 200 feet of such lands, including the owner of the railroad <br />right-of--way. <br />All owners of land within 200' of the affected mining lands activities are <br />shown in Pre Mining Plan Map and listed in Exhibit O. There are 3 such <br />owners: BLM, the applicant and the railroad. A 4'" land owner is also listed, <br />Mark Brown, but technically the UPRR track chart shows a 200' right of <br />way ownership all along Brown's northern property boundary which is not <br />shown on the tax assessor's maps. <br /> <br />22 <br />