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New Cache Pond 1 Pit Adequacy Letter <br />Page 4 of 4 <br />April 13, 2015 <br />a. provide a notarized agreement between the Applicant and the person(s) having an <br />interest in the structure, that the Applicant is to provide compensation for any damage <br />to the structure; or <br />b. where such 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; or. <br />c. where such structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility. <br />18. Please provide the Division evidence the Applicant attempted to obtain notarized structure <br />agreements, typically a certified mail receipt, with all owners of the structures on and <br />within 200 feet of the affected area of the site or comply with one of the other provisions of <br />Rule 6.4.19. <br />Please be advised the New Cache Agricultural Pond 1 application may be deemed inadequate, <br />and the application may be denied on June 4, 2015, unless the above mentioned adequacy <br />review items are addressed to the satisfaction of the Division. If more time is needed to <br />complete the reply, the Division can grant an extension to the decision date. This will be done <br />upon receipt of a written waiver of the Applicant's right to a decision by June 4, 2015 and <br />request for additional time. This must be received no later than the deadline date. <br />If you have any questions, please contact me at 303 - 866 -3567 Ext. 8124. <br />Sincerel <br />Peter S. Hays <br />Environmental Protection Specialist <br />Enclosures — History Colorado and Colorado Department of Water Resources comment letters, <br />copy of the Division's Weed Control Plan guidance policy <br />Cc: Tom Kaldenbach, Division of Reclamation, Mining & Safety <br />