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STATE OF COLORADO <br />capacity for range lands on or in the vicinity of the affected land, if the choice of <br />reclamation is for range or agriculture. <br />Q (2) The Operator/Applicant shall show the relation of the types of vegetation to existing <br />topography on a map in Exhibit C. In providing such information, the Operator/Applicant <br />may want to contact the local Soil Conservation District. <br />6.4.11.4 EXHIBIT N - Source of Legal Right to Enter <br />? The source of the Operator's/Applicant's legal right to enter and initiate a mining operation <br />on the affected land. (Same requirements as Rule 6.3.7). <br />The access road on the Exhibit C Pre-Mining and Mining Plan Map differs from the access road on the <br />Exhibit F Reclamation Plan Map If the access road on the Mining Plan Map is correct than the source of <br />Legal Right to Enter must be provided for parcel 3203-051-00-168. <br />6.4.19 EXHIBITS- Permanent Man-made Structures <br />Where the mining operation will adversely affect the stability of any significant, valuable <br />and permanent man-made structure located within two hundred (200) feet of the affected <br />land, the applicant may either: <br />(a) provide a notarized agreement between the applicant and the person(s) having an interest <br />in the structure, that the applicant is to provide compensation for any damage to the <br />structure; or <br />(b) where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by <br />activities occurring at the mining operation; or. <br />(c) where such structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility. <br />? Smith Ditch must be included in this Exhibit with sufficient documentation submitted to satisfy one of the <br />above requirements. <br />? The access road on the Exhibit C Pre-Mining and Mining Plan Map differs from the access road on the <br />Exhibit F Reclamation Plan Map. If the access road on the Minina Plan May is correct than one of the <br />above requirements must be satisfied for any permanent man-made structures within 200 feet of the <br />affected land existing on Parcel 3203-051-00-168. <br />The application will not be considered submitted until the information listed above is received and found sufficient to begin <br />our review. A decision date will be established 90 days from the date of receipt of all of the requested information. <br />Additionally, if you have already published notice you will need to republish notice, after the Division considers the <br />application submitted. This notice must be published once a week for four (4) consecutive weeks, starting within ten (10) <br />days of the date your application is considered submitted. We will notify you when you should initiate republication of <br />your notice. The final date for receiving comments is the 20th day after the fourth publication or the next regular business <br />day. <br />All necessary documents required by the Office for an application to be considered filed must be submitted by May 18, <br />2010. If, by this date, the application has not been determined to be filed with the Office, the Office shall deny the <br />application and terminate the application file. <br />Page 5 of 6