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signed and dated. (Note: I will make copies of the signed maps you provided, .for the permit file in the Division's <br />Denver office.) <br />Exhibit G - Water Information (Rule 6.4.7) <br />This office corresponded with you in 2009 concerning a change in status of the pond resulting from the excavation <br />south of the irrigation ditch, in that the Rio Grande Canal has agreed with you to use it as a recharge pit. Since that <br />change of status was not formally made to that phase of the permit, it is appropriate that it be included in this <br />amendment. The background contained in the letters and photographs from you and the Division III office of the <br />Division of Water Resources is incorporated by reference herein. <br />A brief statement should be provided in this exhibit, however, describing the condition of those phases of the site, e.g., <br />status of mining and reclamation. (This topic will be discussed again, below.) <br />Exhibit N - Source of Legal Right to Enter (Rule 6.4.14) <br />Since this amendment addresses the addition of new lands to the permit, and since it has been nine years since the <br />previous right-of-entry exhibit was submitted, please provide a current document that satisfies this rule. You may refer <br />to Rule 6.3.7 for the various types of acceptable documentation, but it should declare or demonstrate ACI's current <br />right to enter to mine and reclaim on the new land area. <br />Exhibit Q - Proof of Mailing Notices to the County Commissioners and Conservation District (Rule 6.4.17) <br />You have provided affidavits of delivery that are signed by Tiffany Hawkins of ACI, but they do not satisfy the <br />requirements of this rule. Please provide some form of signed receipt from each of those offices as evidence of <br />sending the notices. These must be received by this office before the decision date. <br />Exhibit R - Proof of Filing Materials at the County Clerk and Recorder (Rule 6.4.18 <br />This exhibit is adequate, in that you have provided proof of the initial filing, as well as proofs of subsequently filing all <br />additional materials. Please ensure that you continue to file future application materials and submit to this office the <br />receipts you obtain therefor. This must be received by this office before the decision date. <br />Exhibit S - Permanent Manmade Structures (Rule 6.4.19) <br />As noted above, there are a few examples of significant structures on or within 200 feet of the affected land, including <br />the overhead powerline, fencelines, irrigation ditch and onsite roads. Please provide brief description of each such <br />structure, including the name of the owner. <br />Decision Date <br />The Division's decision date is currently set for April 20, 2010. Please try to respond to all adequacy items included in <br />this letter. All adequacy response materials should be submitted in duplicate and at least several days before the <br />decision date to allow sufficient time to review the materials. <br />I must state that if the application is not adequate for approval by the close of business on the decision date, the <br />application may be denied. If additional time is needed for preparing and submitting your responses, please send me a <br />written request for an extension, specifying the length of additional time needed. <br />Other Agency Comments Received <br />We have received a couple written comments from other agencies, copies of which are enclosed herewith for your <br />information. If more comments are received they will be forwarded to you. <br />Other Items <br />There is reference in the 2009 correspondence, as well as within this application, concerning the reclamation and <br />release of the area south of the irrigation ditch, containing the recharge pit. The release of portions of the permitted <br />area or a portion of the posted bond, is a separate permit action from this amendment. A release request may be