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Aaron Franson <br /> October 21, 2014 <br /> Page 2 of 2 <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 /> Please be aware that the first section of Rule 6.3.12 states"Where the mining operation will adversely affect the <br /> stability of any significant,valuable and permanent man-made structure located within two hundred(200)feet of <br /> the affected land,". <br /> Rule 1.1(27) states"Mining Operation"means the development or extraction of a construction material <br /> from its natural occurrences on affected land.The term includes transportation or processing on affected <br /> lands. , <br /> Rule 1.1(3) states"Affected Land"means the surface of an area within the state where a mining <br /> operation is being or will be conducted,which surface is disturbed as a result of such operation.Affected <br /> lands include but shall not be limited to private ways and roads. <br /> Based on the definition of these two terms as related to Rule 6.3.12,please provide a signed and notarized <br /> agreement between the structure's owner and the Applicant regarding compensation of damages.Attached is a <br /> sample Structure Agreement which meets the requirements of the Division. <br /> This concludes the Division's additional adequacy review of this application.This letter shall not be interpreted to <br /> mean that there are no other technical deficiencies in your application. Other issues may arise as additional <br /> information is supplied. Please be advised the Franson Pit permit application may be deemed inadequate, and the <br /> application may be denied on October 24, 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 24,2014 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.russell@state.co.us. <br /> Sincerely, <br /> Elliott R.Russell <br /> Environmental Protection Specialist <br /> Enclosures: Sample Structure Agreement <br /> Cc: Tom Kaldenbach; Division of Reclamation, Mining& Safety <br /> Stevan L. O'Brian; Consultant <br />