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Broken Arrow Investments, LLC Derr Pit, Adequacy Review Comment Responses, File No. M-2008-017 10117108 <br />-10- <br />31. The Division will calculate the reclamation costs for this site once all of the <br />adequacy review issues have been addressed. <br />Response: <br />We would like to discuss the reclamation costs attached in Exhibit L prior to the <br />Division calculating the reclamation costs for this site to ensure that discussions <br />about the financial warranty are understood between all parties. <br />32. As required by Rule 6.4.19(a), the applicant shall provide a notarized <br />agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damage to the <br />structure. Only when such an agreement(s) cannot be reached will a <br />geotechnical evaluation be accepted in lieu of said agreement(s). <br />Response: <br />The applicant has sent a letter and an agreement to each owner of structures within <br />200 feet of the affected lands. No responses have been received to date for the <br />proposed agreements. The letters and agreements are attached for reference and if <br />agreements cannot be reached with the owners of these structures we will defer to <br />the slope stability study. <br />Thank you for your consideration of the responses we are providing and the revised exhibits for <br />the permit application. Please feel free to contact me with any questions or comments. <br />Sincerely, <br />4?7' e. ?? <br />J.C. York, P.E. <br />MT Consulting, Inc. <br />Cc: Broken Arrow Investments, LLC <br />4 M 1400 W 122nd Avenue - Suite 120 • Westminster CO 80234 • Ph: 303-457-0735 • Fax: 303-920-0343