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Ste\e C) Brian <br /> �la� S. 2017 <br /> Page 3 of 4 <br /> EXHIBIT S - Permanent Man-Made Structures (Rule 6.4.19): Please note that roadways and above- <br /> ground or underground utilities (if present) within 200 feet of the proposed affected area are considered <br /> permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely <br /> affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of <br /> the affected area, 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. <br /> Please provide evidence(certified letter to structure owners)that a notarized agreement between the structure <br /> owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment <br /> 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. <br /> DRMS notes that damage waiver agreements appear to have been sent to the appropriate structure owners, <br /> with the possible exception of Huerfano County for County Road 615. The County Road issue will need to <br /> be addressed as appropriate. DRMS will require copies of the executed structure agreements from all relevant <br /> parties,or a geotechnical evaluation that demonstrates that the proposed mine plan will not adversely impact <br /> structures within 200 feet before the application can be approved. <br /> Additional Information: You will also need to provide the Division with proof of notice publication and <br /> notice to all property owners within 200 feet of the affected area. Any letters from other commenting <br /> agencies/entities received by the Division to date have been included with this correspondence for you to <br /> 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 /> April 22, 2010. 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 />