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Exhibit N, Right to Enter Rule 6 4 14 <br />The amendment involves the addition of BLM-managed lands, but for which there is as yet no evidence of an <br />approved BLM lease in the application. Lack of such a lease approval may constitute lack of legal right-of-entry, <br />which is an important aspect of permit compliance. Without written evidence of the BLM lease, the Division cannot <br />approve the amendment. Please provide the required proof of right-of-entry. <br />Exhibit R, Proof of Filing Notice with Clerk and Recorder Rule 6 4 18 <br />The file includes proof of the filing of the initial application materials, but please be reminded that all future <br />amendment materials, including your response(s) to this letter, must be additionally filed with the clerk and recorder, <br />and the receipt(s) therefor submitted to this office prior to the decision date. <br />Exhibit S, Significant Manmade Structures Rule 6 4 19 <br />Adequate descriptions and/or damage agreements may exist in the permit file for structures in or near the existing <br />permitted area, but possibly not for those in or near the amended areas. Please provide all necessary documentation for <br />the additional structures, including but not limited to that for the gas pipeline(s), gas wells, water wells, private roads, <br />BLM roads, houses, and the highway. Please be reminded that the Division cannot accept re-assigned agreements <br />from other permittees. <br />Geotechnical Stability Exhibit Rule 6 4 20 <br />Some generalized geotechnical stability documentation was provided, but there was no evaluation specifically for the <br />near-vertical road cuts and deep fills for the new access road, which was created under permit M-2008-048, and that is <br />to be incorporated into M-1980-146 under this amendment AM-4. Likewise, there was little information submitted <br />concerning the drainage and fills that will be needed with future closure of the present access road. Onsite <br />observations of these two areas indicate high potential for raveling rock, upslope erosion, possible settling of fills, <br />inadequately controlled drainage and runoff, and other slope and roadway stability issues. Please more fully describe <br />drainage controls; methods of placement and compaction of fill materials; stabilization of unconsolidated, steeply- <br />sloped natural and placed materials; and stabilization of consolidated rock faces. Please provide maps or cross- <br />sections if appropriate. <br />Other Items <br />The Division received no written comments from the public in regards to this amendment, but did receive agency <br />comments, which have been forwarded to your office. <br />Numerous references are made throughout the amendment application to the BLM Environmental Assessment (EA), <br />which was attached to this application packet, for supporting or supplementary information. Please be reminded that, <br />unless specified otherwise, all future submittals should be limited to only the permit-related materials required by <br />DRMS, and in this case properly identified as to its applicable exhibit, for example. This is to ensure that all <br />information required by DRMS can be appropriately referenced and not overlooked. <br />All adequacy response materials submitted must be unbound and submitted in duplicate (one original and one full <br />copy). The Division's decision date was set for September '24, 2009. If responses to the adequacy items listed above <br />are not received by the close of business on the decision date the application may be denied. If additional time is <br />needed to prepare and submit the adequacy responses, you may submit a written request for an extension. Please <br />specify the length of time being requested. In the interest of time, the request may be emailed or faxed to this office, <br />and followed by hard copies in the mail. <br />All submittals may be sent directly to the undersigned at the Division's Durango field office: 691 CR 233, Room A-2, <br />Durango, CO 81301; telephone 970-247-5193 and FAX 970-247-5104. <br />Cont.