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the application. 6) The failure of the applicant to have either: 1) Agreements in place between the operator and the persons having an interest in significant, valuable, and pernianent man-made structures located within 200 ft. of the affected land that damage to the structures is to be compensated for by the operator, or 2) Where such an agreement cannot be reached, the applicant has provided an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by proposed construction materials excavation operations, as required by Section 34-32.5-115 (4) (e) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, and Rule 6.4.19 of the Construction Materials Rules and Regulations. 7) The failure of the applicant to provide maps, except the index map, that are of an acceptable scale (not larger than 1 inch = 100 feet nor smaller than 1 inch = 660 feet), as required by Section 34-32.5-112 (3) (d) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, and also not of an acceptable scale (not larger than 1 inch = 50 feet nor smaller than 1 inch = 660 feet) as required by Rule 6.2.1 (2) (e) of the Construction Materials Rules and Regulations. Specific maps that are not of an acceptable scale include the map entitled "EXHIBIT C ORION PIT M- 94-115 PRE-MINING MAP & MINING MAP" and the map entitled "EXHIBIT F ORION PIT M-94-115 RECLAMATION PLP.N MP_P", both indicating a map scale of 1 inch = 1,320 feet. 8) The failure of the applicant to show the total area to be involved in the operation, including the area to be mined and the area of affected land, on the map entitled "EXHIBITS B, C, & F MINING & RECLAMATION PLAN ORION PIT M-94-115", as required by Section 34-32.5-112 (3) (f) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, and Rule 6.4.3 (d) of the Construction Materials Rules and Regulations. The map only shows a portion of the proposed 368 acre affected area. 9) The failure of the applicant to show the proposed affected lands by all phases of the total scope of the mining operation as required by Section 34-32.5-112 (2) (d) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, and the failure of the applicant to show the size and location of each area to be worked during each phase, and to outline the sequence in which each stage or phase of the operation will be carried out, as required by Rules 6.4.4 (e) (ii) and (iii). The map entitled "EXHIBITS B, C, & F MINING & RECLAMATION PLAN ORION PIT M-94- 115" only shows the initial mining phases situated within the northwest portion of the affected area. 3 00337 ~ .. ~.