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Mr.Bill Tezak <br /> October 14,2021 <br /> Page 4 of 4 <br /> 7) Please provide evidence that a notarized agreement between the structure owners and the <br /> applicant was pursued for all structures listed in the provided Exhibit S within 200' of the <br /> affected area. At this time,the permit boundary defines the potentially affected area. DBMS <br /> notes that the operator has committed to maintaining a minimum 200' setback from all structures <br /> in lieu of providing a geotechnical assessment for structures where a fully executed damage <br /> waiver cannot be obtained. <br /> This concludes the Division's second 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 <br /> arise as additional information is supplied. Please remember that the decision date for this amendment <br /> application is November 1,2021. As previously mentioned, if you are unable to provide satisfactory <br /> responses to any inadequacies prior to this date, it will be your responsibility to request an extension of <br /> time to allow for continued review of this application. If there are still unresolved issues when the <br /> decision date arrives and no extension has been requested, the application will be denied. If you have <br /> any questions,please contact me at(303) 229-9414, or at Eric Scott(astate.co.us . <br /> Sincerely, <br /> Eric Scott—Environmental Protection Specialist <br /> CC: Robert Oswold via email <br />