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Memorandum to Harvey W. Curtis June 14, 2006 Page 7 adjacent Ansley Pit, to document water levels and potential impacts along the western boundary. The monitoring program should require measuring and recording water table levels at least monthly all in five wells, and should include at least two seasons when the ground water table is expected to be at its highest (spring). (Note: Depending on when the monitoring starts, it may miss this year's high ground water table. To minimize this risk, the monitoring should start immediately. It should continue until at least two high ground water seasons aze fully documented.) All data should be reported to both the MLRB and the Objectors quarterly. The monitoring must be completed prior to any exposure of ground water at the site. 5. Annlicant's statement: The applicant identified "Jack R. Allen and Susanne R. Allen" as the owners of subsurface rights of the affected land in item 6 of the Constmction Materials Regulaz 111 Operation Reclamation Pennit Application Form, dated February 3, 2006. MLRB requirements: MLRB Rule 1.4.1(5)(c) requires that all application forms shall contain the name of the Owner of the subsurface rights of the affected land. MLRB Rule 1.6.2(1)(e)(i) states that the applicant shall mail or personally serve a copy of the notice of the application immediately after the fast publication to all Owners of Record of the surface and mineral rights of the affected land. MLRB Rule 1.6(g) requires that, prior to Office consideration of the application, proof of notice provided for in subparagraph 1.6.2(e) must be received by the Office. "Owners of Record" is defined at § 1.1(34) as the owner or owners of a surface property interest shown on the records of the County Assessor as of the date of filing. Discussion: As evidenced by the Warranty Deed, executed between N.C. and Lora E. Cargill and Paul A., Ethel R., and David L. Ansley, dated June 27, 1932, the Cargills reserved "one-half of all oil, gas and other minerals in and under and that may be produced from the following described land." The land includes the east half of the northwest quarter of the southeast quarter and the southwest quarter of the of the northwest quarter of the southeast quarter of Section 11 and all of Section 14, Township ] 0 South, Range 77 West of the 6s' P,M, which is the location of the northern portion of the proposed Allen Pit site. This Warranty Deed was recorded July 18, 1963 at Book 180 Page 135 of the Park County Clerk and Recorder's Office. (See Objectors' Exhibit 37). The Park County Assessor's Office does not hold records of mineral rights owners, but clerks at the Assessor's Office direct individuals who are seeking information on owners of mineral rights to obtain such information from the Park County Clerk and Recorder's Office. Pursuant to Rule 1.6.2.1(e)(i), the applicant should have asked the Assessor's Office about owners of record of the mineral rights of the affected land. The Assessor's Office would have directed the applicant to the Clerk and Recorder's Office where the applicant would have obtained a copy of the 1963 Warranty Deed which shows that the Cargills are the Owners of Record of the mineral rights of the proposed Allen Fit site. This information would also have been available to anyone making even a cursory check of the title information. It clearly showed on the 1963 title that one-half of the mineral rights had been reserved to the Cargills. Therefore, upon being informed that the Assessor's Office does not keep records of minerals rights owners, another reasonable response would have been to check the title information. Conclusions: The applicant did not provide notice of the application to the Cargills immediately after the first publication of the application. Therefore, the notice requirements have not LEONARD RICE ENGINEERS. INC.