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28. Please commit to providing the Division with a copy of the Routt County Floodplain Permit for the <br />Camilletti Milner Pit #2 amendment area. <br />Rule 6.4.14 Exhibit N - Source of Legal Right to Enter <br />29. Provide the Division with a copy of the sources of the applicant's legal right to enter and initiate a mining <br />operation in the amendment area. The applicant stated a copy of the State Land Board lease was provided <br />with the amendment application. The State Land Board lease was not submitted with the amendment <br />application. <br />Rule 6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder <br />30. Provide the Division with proof of filing revised application and maps dated May 14, 2009 with the <br />County Clerk and Recorder. <br />Rule 6.4.19 Exhibit S - Permanent Man-Made Structures <br />31. The applicant indicates the Division should see existing permit regarding Permanent Man-Made <br />Structures, however the Mine Plan Map indicates Yampa Valley Electric Association and Xcel Energy <br />utility lines in the amendment area. <br />Rule 6.4.19 states that if a structure is within 200 feet of the affected land, the applicant may either; <br />a. provide a notarized 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 structure, or <br />b. where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the <br />mining operation, or <br />c. where such structure is a utility, the Applicant may supply a notarized letter on utility letterhead, from <br />the owners(s) of the utility that the mining and reclamation activities will have "no negative effect" on <br />their utility. <br />If such notarized agreements cannot be achieved during this review period, then a revision to the permit will <br />need to be filed in the future prior to mining closer than the approved mining off-set distance. Please provide <br />the Division evidence of attempting to obtain agreements, typically a certified mail receipt, with the owners of <br />the structures. <br />Precision Excavating, Inc. committed to not mine within 200 feet of the Xcel gas line and the Yampa Valley <br />Electric power line until structure agreements are provided to the Colorado Division of Reclamation, Mining and <br />Safety in a letter dated June 16, 2009.