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line easement. The Division could not find any language in the agreement regarding structures <br /> owned by the landowners. Therefore, the easement agreement does not satisfy the requirements <br /> of Rule 6.3.12(a), as it does not include language that the operator will provide compensation for <br /> any damage to structures. Please provide demonstration that structure agreements have been <br /> attempted for these structures (proof of hand-delivery or Certified Mailing). If a structure <br /> agreement cannot be reached for these structures, per Rule 6.3.12(b), please provide an <br /> appropriate engineering evaluation that demonstrates these structures will not be damaged by <br /> activities occurring at the mining operation. <br /> CMC Response: CMC mailed a Structure Agreement to Gene L. Sapp and Dene F. Sapp on <br /> January 25, 2019. This Structure Agreement was sent via Certified Mail Numbered 7018 1130 <br /> 0000 4221 7577. The Structure Agreement was not signed or returned to CMC. Attached to this <br /> Response Letter is a letter dated May 10, 2019 from Cynthia T. Kennedy, Attorney-at-Law. She <br /> has reviewed the Easement for Water Line With Access dated September 24, 2015 between the <br /> Sapp Brothers and CMC with regard to addressing the question of the extent of the indemnity <br /> afforded the owners of the Eureka Millsite , MS No. 601 B, and agrees that CMC is required to <br /> indemnify and restore any structures and raw land damaged by the construction, operation, <br /> maintenance, repair, or replacement of the Gold Hill Mill Waterline. <br /> For the structures owned by James K. McCumber and Amy Fortunato, the operator provides <br /> discussion as to why the proposed infrastructure at the Left Hand Creek pump station should <br /> pose no potential for adverse damage to these structures. The Division understands the proposed <br /> activities in this area are minimal with no excavations. However, the operator's information does <br /> not fully demonstrate the stability of these structures will not be adversely affected by the <br /> operation. Therefore, please provide demonstration that structure agreements have been <br /> attempted for these structures (proof of hand-delivery or Certified Mailing). If a structure <br /> agreement cannot be reached for these structures, per Rule 6.3.12(b), please provide an <br /> appropriate engineering evaluation that demonstrates these structures will not be damaged by <br /> activities occurring at the mining operation. <br /> 15 <br />