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O'Rourke Excavating, Inc. /M- 2014 -005 <br />March 10, 2014 <br />Page 2 <br />Proof of Mailing Notice to Adjoining Landowners <br />Please provide proof of mailing notice of the application to all owners of land within 200 feet of the <br />proposed permit boundary. The language to be used in the notice is the same as that used in the published <br />notice, and is contained in the permit application packet. Mailing should have been done by certified <br />mail, with return receipt requested. Please provide all post- marked green cards of mailing, and the signed <br />return receipts. <br />Permanent Man -made Structures <br />As discussed, there are numerous structures within 200 feet of the proposed permitted area boundary, for <br />which documentation (such as an engineering evaluation) is needed to show that no damage will be <br />caused to them by the operation, or documentation (such as mutually signed and notarized damage <br />agreements) showing that the landowner and operator have an agreement concerning mining - related <br />damage to the structures. <br />Adequacy of the Application <br />The application is not currently adequate for approval. The above items must be provided and found <br />adequate before the Division may consider an approval. Upon a finding of adequacy, the Division will be <br />able to estimate a bond amount, which will be communicated to the operator. <br />Decision Date <br />The Division's decision date was set for March 13, 2014, by which date the above items must be <br />received. The Division and the operator have discussed the need for submitting these items. As of the <br />date of this letter, the Division has not received any of these materials. The operator should request, in <br />writing, an extension of the decision date. This request must be received by the Division before the close <br />of business on March 13, 2014, in order that the application not be denied. <br />All written materials should be mailed to the Division's Denver office (address in Ietterhead, above). For <br />all other questions, please contact me by telephone: 970- 247 -5193, or by email: bob.oswald@state.co.us. <br />Sincerely, <br />Bob Oswald <br />Environmental Protection Specialist <br />(c:\14 -03 docs \O'Rourke 110c Adeghco) <br />