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Andrew Rodrigue. <br />Oct 30, 2017 <br />Page 3 of 3 <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 />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. <br />As previously discussed, there is no distinction for this permit between permitted and affected area, therefore, <br />the Division must consider the entire permitted area as potentially affected area. There is no evidence that <br />any of the property!structure owners of the unidentified lot located east of lot 100, lots 102-116, Everitt, S, <br />the Whitney Ditch, or the BH Eaton Ditch, or any public utilities located in or along Lakewood Ct— all located <br />within 200' of the permit boundary as shown on figure 2a - were noticed or provided with structure agreements <br />as required when this amendment application was called complete. <br />These propertyistructure owners will need to be noticed and provided with structure agreements where <br />appropriate. They will also need to be afforded sufficient time to respond (minimum 20 days) since they were <br />not noticed when the application was called complete. Contact the Division with a request for an appropriate <br />extension of the decision date when the required notices/agreements are delivered. <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 />November 7, 2017. 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 />