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Ms. Kris Pennington <br />Page 6 <br />December 8, 2010 <br />6.4.12 EXHIBIT L - Reclamation Costs <br />This section is adequate as submitted. <br />6.4.13 EXHIBIT M - Other Permits and Licenses <br />This section is adequate as submitted. The Division has received comments from the Division of <br />Water Resources, the State Historic Preservation Office and the Corps of Engineers in response to <br />our notifications. Copies of these three letters are enclosed. <br />6.4.14 EXHIBIT N - Source of Legal Right to Enter <br />1. The property lease will need to be revised to include the additional acreage. Please provide a <br />copy of the revised lease. <br />6.4.15 EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of <br />Substance to be Mined <br />This section is adequate as submitted. <br />6.4.16 EXHIBIT P - Municipalities Within Two Miles <br />This section is adequate as submitted. <br />6.4.17 EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil <br />Conservation District <br />1. Please label the appropriate items as Exhibit Q. <br />6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder <br />This section is adequate as submitted. <br />6.4.19 EXHIBIT S - Permanent Man-Made Structures <br />There is the potential for the proposed mining operation to affect the fence owned by Harold <br />and Mary Kues on the west side of the expansion area. The applicant must submit a damage <br />reimbursement agreement that is in accordance with Rule 6.4.19, which states that where <br />mining operations will adversely affect the stability of any significant, valuable and permanent <br />man-made structure located within 200 feet of the affected area, the applicant may either: <br />a. Provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or