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Page 7 of 8 <br />TETRA TECH Mr. Peter Hays <br />April 29, 2011 <br />6.4.14 Exhibit N - Source of Legal Right to Enter <br />33. The Applicant submitted a draft road crossing license between Great Western Railway of Colorado, <br />LLC and Lafarge West, Inc. During the Pre-Operational inspection, Lafarge explained the completed <br />road crossing license with Great Western Railway would not be finalized until mining operations <br />started at the site. Please commit to finalizing and providing a copy of the license to the Division prior <br />to beginning mining activities at the site. <br />Lafarge will provide a copy of the finalized license agreement with Great Western Railway to the <br />Division prior to beginning mining activities on the site. <br />34. The "term" section on page 1, section 2 of the Gravel Property Lease with Mr. Timothy and Mrs. <br />Jeanne Iverson is not complete. Please provide a completed copy of the lease. <br />Attached is a copy of the lease with the "term" section completed (Attachment 11). <br />35. In section 7, item D of the lease with Mr. Timothy and Mrs. Jeanne Iverson the lease states, <br />operations will not occur immediately adjacent to (within 200 ft.) the existing residence on the <br />Property without Lessor's express consent. The applicant is proposing to mine within 145' of the <br />residence in the mining plan. Please provide a signed structure agreement with Mr. and Mrs. Iverson <br />to mine within the proposed offset from their residence. <br />Attached is a copy of structures agreement between Tim and Jeanne Iverson and Lafarge <br />(Attachment 12). <br />6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder <br />36. Please provided an affidavit or receipt indicating the date on which the revised application was placed <br />with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). <br />Attached is documentation indicating that a copy of these revised application materials have been <br />placed with the Weld County Clerk to the Board of County Commissioners for public review <br />(Attachment 13). <br />6.4.19 EXHIBITS - Permanent Man-made Structures <br />Where the mining operation will adversely affect the stability of any significant, valuable and permanent <br />man-made structure located within two hundred (200) feet of the affected land, the applicant may either: <br />(a) provide a notarized agreement between the applicant and the person(s) having an interest in <br />the structure, that the applicant is to provide compensation for any damage to the 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 activities <br />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 proposed, <br />will have "no negative effect" on their utility. <br />37. Please provide the Division evidence the Applicant attempted to obtain notarized structure <br />agreements, typically a certified mail receipt, with all owners of the structures on and within 200 feet <br />of the affected area at the Iverson Mine prior to performing the submitted engineering evaluation. <br />We attempted to reach an agreement with all man-made structure owners within 200 feet of the <br />affected land. Below is a summary of the status of each agreement: <br />• Xcel Energy: We did not get a response to our request. Attached is a copy of the request sent to <br />Xcel along with a copy of the certified mailing receipt showing it was mailed and received by Xcel <br />(Attachment 14). <br />• Weld County: A copy of a signed agreement is attached (Attachment 15).