2011-10-20_REVISION - M1988048 (4)

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ENVIRONMENT, INC. L.G. EVERIST, INC. - CARR GRAVEL RESOURCE OCTOBER 20, 2011 'PAGE .4 ,ADEQUACY RESPONSE within '200 feet of the 'area where mining is complete. No mining will take place within 200 feet of these structures. Please note that roadways and above- ground or underground utilities (if present) within 200 feet of the proposed affected area are considered permanent man -made structures. In accordance with Rule. 6.4.19, - when mining operations will adversely affect the stability of any significant, valuable and permanent manmade structure located within 200, feet of the affected area, the applicant may either: a.) Provide a notarized agreement between the applicant and the person(s).having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or b:)' Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. New agreements are not needed for the structures in, place prior to this amendment since they were dealt with in 1988 and, 2000 . during permit review at those times. Additional Information You will also need to provide the Division with proof of notice publication. Publication in the Greeley Tribune," the legal notice paper for Weld County, started on September 24, 2011 and ended on Octo- ber 17, 2011. The public comment period ends on November 7, 2011. A copy of the return receipt cards for the adjoining landowners are attached..: Two owner notice cards were not returned by the Post Office so .I have provided a- printout from usps:corn showing they were delivered A copy of the Proof of Publication will be submitted as soon as it is. received.. Any letters from other commenting agencies /entities received by the Division to date have been included with this correspondence for you to review. US Army Corps. of Engineers L.G. Everist, Inc., understand the permitting requirements .outlined by the Corps and will obtain any permits " necessary should they encounter any of the conditions listed during mining. Office of the State Engineer = L.G. Everist, ,Inc., thanks Ms. Bucker for the time she took to review their permit. Office of Archaeology & Historic Preservation (RECEIVED WITH INSPEC- TION REPORT) Lynn Shults contacted History Colorado and found the two sites listed lay along Lone Tree Creek in the SE 1 /4, Sec. 2'6 and the - N1/2NE /4NE Section 35, T -11 -N, R- ,67 -W, 6th P.M. Both of these areas lie outside the area where mining took place on those Sections. They will not be disturbed in the future. There are no cultural sites listed in the State, records for Sec 1, T- 10- N,.R- 67 -W,., the area that is left to be