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Mr. DeWitt <br />Page 15 <br />October 18, 2013 <br />6.4.15 Exhibit P — Municipalities Within Two Miles <br />No comment. <br />6.4.16 Exhibit Q — Proof of Mailing of Notices to Board of County Commissioners and Soil <br />Conservation District <br />No comment. <br />6.4.17 Exhibit R — Proof of Filing with County Clerk and Recorder <br />No comment. <br />6.4.19 Exhibit S — Permanent Man -made Structures <br />22. During the inspection conducted on October 3, 2013, the Division noted a railroad line on the <br />south side of the proposed permit boundary for the Hoffman Pit. Please specify is the railroad <br />line is within 200 ft of the affected area. If the structure is within 200 feet, then Lincoln <br />County will need to provide a notarized agreement between the applicant and the person(s) <br />having interest in the structure, that the applicant is to provide compensation for any damage <br />to the structure. If 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. <br />This concludes the Division's preliminary adequacy review of this application. Please remember <br />that the decision date for this application is December 30, 2013. As previously mentioned, if you <br />are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your <br />responsibility to request an extension of time to allow for continued review of this <br />application. If there are still unresolved issues when the decision date arrives and no extension <br />has been requested, the application will be denied. <br />If you have any questions, please contact me at (303)866 -3567 x8116. <br />Sincerely, <br />A <br />Michael A. Cun ingham <br />Environmental Protection Specialist <br />