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Mr. Deuto <br /> July 1, 2014 <br /> Page 4 of 4 <br /> 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 engineering <br /> evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br /> operation;or <br /> (c) Where such structure is a utility,the Applicant may supply a notarized letter,on utility letterhead,from <br /> the owner(s)of the utility that the mining and reclamation activities,as proposed,will have"no negative <br /> effect"on their utility. <br /> Please provide evidence(such as proof of delivery of certified letter to structure owners)that a notarized <br /> agreement between the structure owners and the applicant was pursued. If an agreement is unable to be <br /> reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. <br /> You must provide information sufficient to demonstrate that the stability of any structures located within two <br /> hundred(200)feet of the operation or affected land will not be adversely affected.—Please review this exhibit <br /> to make sure damage waiver agreements with all structure owners within 200' of the current permit boundary <br /> and any additional acreage have been obtained. <br /> Additional Information: You will also need to provide the Division with proof of notice publication. Any <br /> letters from other commenting agencies/entities received by the Division to date have been included with this <br /> correspondence for you to review. <br /> This concludes the Division's preliminary adequacy review of this application. This letter shall not be <br /> construed to mean that there are no other technical deficiencies in your application. Other issues may arise as <br /> additional information is supplied. Please remember that the decision date for this amendment application is <br /> September 10,2014. As previously mentioned,if you are unable to provide satisfactory responses to any <br /> inadequacies 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 arrives and no <br /> extension has been requested,the application will be denied. If you have any questions,please contact me at <br /> (303)866-3567 x8140. <br /> Sincerely, <br /> Eric Scott—Environmental Protection Specialist <br /> CC: <br /> Enclosures: Response to notification from: Division of Water Resources,History Colorado,U.S.A.C.O.E. <br />