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RPM,Inc. <br /> b. Where such an agreement cannot be reached, the Applicant shall provide an <br /> appropriate engineering evaluation that demonstrates that such structure shall not be damaged <br /> by 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 owners) that the mining and reclamation activities, as proposed will have <br /> r`no negative effect"on their utility. <br /> 12. Question: Please provide the Division with copies of the notarized structure agreements <br /> with all owners of the structures on and within 200 feet of the affected area of the proposed <br /> mine sit. <br /> a. during the pre-operational inspection, it was determined the stockpen adjacent to the access <br /> road was within 200 feet of the affected area. Please provide a notarized structure agreement <br /> with the owner of the stockpen pursuant to Rule 6.4.19(a). <br /> Response: The stock pen is a portable structure and we believe is not subject to the provision <br /> of Rule 6.4.19(a). Enclosed is a letter from Mr. Belveal which states the stock pen is a portable <br /> device: <br /> 7119118 <br /> To whom it may concem: <br /> Re: Elbert County,Belveal Gravel Pit.Permit#M-2001-056 <br /> The stockpen that is located within 200'of the access road is not permanent <br /> Robert Belveat —Date -- -- -- <br /> Subscribed and swom to before me In the county of State of <br /> Colorado,this _-�.day of 1- : 20:, <br /> (Notary's bfticial signatute) <br /> (Commission Expiration) <br /> z.:xc:.:.•_:.,;.hoi�+r ram- tue:.'ts t�,:::u , <br /> (seal) <br /> 7 <br />