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6.4.15 Exhibit O - Owner(s) of Record of Affected Land (Surface Area) and Owners of <br />Substance to be Mined <br />No comment. <br />6.4.16 Exhibit P - Municipalities Within Two Miles <br />No comment. <br />6.4.17 Exhibit Q - Proof of Mailing of Notices to Board of County Commissioners and Soil <br />Conservation District <br />No comment. <br />6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder <br />No comment. <br />6.4.19 Exhibit S - Permanent Man-made Structures <br />35. The Applicant has stated the only structures within 200 hundred feet of the limits of <br />excavation are the Western Area Power Administration utility poles. Rule 6.4.19 requires the <br />applicant to provide notarized agreements between the applicant and persons having an <br />interest in a structure located within 200 feet from the affected land. The Construction <br />Material Rules and Regulations define affected land as the surface of an area within the state <br />where a mining operation is being or will be conducted, which surface is disturbed as a result <br />of such operation. The approval of this amendment application would result in classifying the <br />entire permit area as affected land. However, the other structures which have been identified <br />as being located within 200 feet of the affected area are located further than 200 feet from the <br />limits of excavation. Therefore, the Division requests the Applicant commit to not mining <br />within 200 feet of any structure without first providing a notarized agreement between the <br />Applicant and the structure owner, that the Applicant is to provide compensation for any <br />damage to the structure. If an agreement cannot be reached, the Applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be <br />damaged by activities occurring at the mining operation.