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McAtee Construction Company Page 6 <br /> Riverside Pit - M-1976-056 August 20, 2019 <br /> b. where such an agreement cannot be reached, the Applicant shall provide an <br /> appropriate engineering evaluation that demonstrates that such structure shall <br /> not be damaged by activities occurring at the mining operation; or <br /> c where such structure is a utility, the Applicant may supply a notarized letter, <br /> on utility letterhead, from the owner(s) of the utility that the mining and <br /> reclamation activities, as proposed, will have "no negative effect" on their <br /> utility. <br /> A geotechnical analysis was provided with the application in case some of the structure <br /> agreements were not returned. Therefore, the geotechnical analysis should be used since <br /> 12 were not returned. We based the analysis on the 4 closest structures to the mining <br /> area and have shown that the mining setbacks proposed provide adequate factors of safety <br /> for the closest structure. For any structures farther away then the 4 analyzed, the <br /> factors of safety would increase with distance from the mining area. <br /> 13. Please provide the Division with copies of the notarized structure agreements with all <br /> owners of the structures on and within 200 feet of the affected area of the proposed <br /> amended mine site. <br /> Nineteen structure agreements were mailed on 11/15/18. As of August 20, 2019, seven (7) <br /> have been returned. Copies of the returned agreements are attached for the file. Should <br /> any more be returned copies will be submitted to the Division for the file. <br /> List of attachments <br /> Proof of Publication Xcel Energy setback Letter <br /> Proof of adjoining owner mailings 7 - Signed Structure agreements <br /> Exhibit C - Pre-mining revised Copy of Case# 2007CW0300 <br /> Exhibit C-1 Mining Plan Map revised Copy of Case # 2017CW0362 (court record) <br /> Exhibit F - Reclamation Plan Map Revised Bank Protection Plan <br /> I will provide a Proof of Placement letter from the Logan County Clerks office under <br /> separate cover. If you have more questions or need more information please call me at <br /> (303) 423-7297. <br /> Sincerely, <br /> Stevan L. O'Brian <br /> Environment, Inc. <br /> cc McAtee Construction Company <br /> Peter Hays - via e-mail <br /> file <br />