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Mr. Janes <br />Page 1 3 <br />October 19, 2011 <br />6.4.13 Exhibit M — Other Permits and Licenses <br />10. On Page 4 of the application form, the Applicant has stated the conveyor system will cross <br />Weld County Road 28 under an approved Weld County Right of Way permit. However, the <br />Applicant has stated under Exhibit M that the Weld County Right of Way permit is currently <br />pending. Please clarify if the Weld County Right of Way permit is pending or if it has been <br />approved and commit to providing the Division with a copy of this permit prior to <br />constructing the conveyor system. <br />6.4.14 Exhibit N — Source of Legal Right to Enter <br />11. The Amendment Applicatio stat that Va Co h reeently acquired pr t <br />the east of the original permit boundary for the Heintzelman site. Please provide a legal right <br />of entry for this property as required by Construction Materials Rule 6.4.14. This may be a <br />copy of an access lease, deed, abstract of title, or a current tax receipt. <br />6.4.19 Exhibit S — Permanent Man -made Structures <br />12. The Applicant has provided the Division with copies of the structure agreements which were <br />sent to the owners of structures within 200 feet of the affected area. The Applicant received <br />signed structure agreements from only two of the structure owners and therefore must rely on <br />a stability analysis to demonstrate that the conveyor system will not adversely affect the <br />stability of any significant, valuable and permanent man-made structure located within 200 <br />feet of the affected land. The Applicant has indicated the stability analysis from the original <br />submittal for the Heintzelman site is unchanged. The original stability analysis addressed <br />slope failure and stability within the pit and did not include an analysis of the stability of the <br />conveyor system. Therefore, the Applicant will need to submit a stability analysis for the <br />conveyor system. The stability analysis should demonstrate the footings are designed to have <br />an adequate load capacity for the conveyor system. In addition, the stability analysis should <br />address the bearing capacity of the soils in which the footings will be placed. <br />This concludes the Division's preliminary adequacy review of this amendment application. <br />Please remember that the decision date for this amendment application is November 10, 2011. <br />As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies <br />prior to this date, it will be your responsibility to request an extension of time to allow for <br />continued review of this application. If there are still unresolved issues when the decision date <br />arrives and no extension has been requested, the amendment application will be denied. <br />If you have any questions, please contact me at (303)866 -3567 x8116. <br />Sincerely, <br />Michael A. Cunningham <br />Environmental Protection Specialist <br />