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If any permanent man-made structures are located within the proposed permit boundaries, or <br />within 200 feet of the proposed permit boundary, then their positions must be designated on <br />a map and the owner of record must be listed, along with the following (if the owner of <br />record is not the operator/applicant): <br />a. Where the mining activities will adversely affect the stability of any significant, <br />valuable and permanent man-made structure located within two hundred (200) <br />feet of the affected land, including gas, water, power lines, fences, roads, wells, <br />ditches, and any below-ground utilities, the Applicant shall either: <br />i. Provide a notarized agreement between the Applicant and the person(s) <br />having an interest in the structure, that the Applicant is to provide <br />compensation for any damage to the structure; or <br />ii. Where such an agreement cannot be reached, the Applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall <br />not be damaged by activities occurring at the mining operation; or <br />Rule 6.4.5 Exhibit E- Reclamation Plan <br />5. Please confirm that if topsoil stockpiles are to be left in place for one year or longer, the <br />temporary seed mixture, as recommended by NRCS, will be applied. <br />6. Please provide anticipated quantity (cubic yards) of construction stockpile material, and <br />topsoil on-site at all times. <br />Rule 6.4.14 Exhibit N- Source of Legal Right to Enter <br />7. Please provide an up-to-date Sand and Gravel Lease agreement between the current <br />landowner (Clarence and Cheryl Buckley) and the operator to satisfy this requirement. <br />The Division will forward any and all comments received regarding this amendment from various <br />agencies. Please address these comment letters as necessary, upon receipt of these letters from the <br />Division. <br />Please be advised that Rule 1.8.1 states that changes and additions to the permit application <br />must be filed with the Division and the County Clerk and Recorder. The applicant must also <br />provide the Division with an affidavit or receipt demonstrating that the change or addition was <br />filed with the County Clerk and Recorder no later than the close of business on the day the <br />change was filed with the Division. <br />If you feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by July <br />11, 2008 and request for additional time. This must be received no later than the deadline date. <br />If you have any questions, please do not hesitate to call me at 303-866-4179. <br />Sincerely, <br />LZaEnvironmental Protection Specialist <br /> <br />cc: Tony Waldron, DRMS (via a-mail)