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Randy Schafer <br />September 22, 2014 <br />Page 3 of 3 <br />6.4.19 EXHIBIT S - Permanent Man -made Structures <br />11. Within the Application, it states that the county agrees to pay for any damages to the landowner's fence lines as <br />a result of mining. This statement is not acceptable to the Division as required by Rule 6.4.19.; please provide <br />a signed and notarized agreement between the structure's owner Operator /Applicant regarding compensation <br />of damages. In addition, during the pre- operation inspection, the Division observed several out - buildings and <br />fences /corrals just north of the permit boundary and an overhead utility line that crossed the northern portion <br />of the permit boundary. <br />Where the mining operation will adversely affect the stability of any significant, valuable and permanent <br />man -made structure located within two hundred (200) feet of the affected land, the applicant may either: <br />a. provide a notarized agreement between the applicant and the person(s) having an interest in the structure, <br />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 the <br />owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative <br />effect" on their utility. <br />This concludes the Division's adequacy review of this application. This letter shall not be interpreted to mean that <br />there are no other technical deficiencies in your application. Other issues may arise as additional information is <br />supplied. Please be advised the Schneller Clay Pit permit application may be deemed inadequate, and the <br />application may be denied on October 27, 2014, unless the above mentioned adequacy review items are addressed <br />to the satisfaction of the Division. If more time is needed to complete the reply, the Division can grant an <br />extension to the decision date. This will be done upon receipt of a written waiver of the Applicant's right to <br />a decision by October 27, 2014 and the request for additional time. This must be received no later than the <br />deadline date. <br />If you need additional information or have any questions, please contact me at Division of Reclamation, Mining <br />and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303 -866 -3567 x8132, or by email at <br />elliott.rus sell La) state.co.us. <br />Sincerely, <br />Elliott R. Russell <br />Environmental Protection Specialist <br />Enclosures: Colorado Parks and Wildlife comment letter <br />Division of Water Resources comment letter <br />History Colorado comment letter <br />Cc: Tom Kaldenbach, Division of Reclamation, Mining & Safety <br />