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Page 4 of 4 <br /> EXHMIT S Permanent Man-Made Structures(Rule 6.4.19): Please note that roadways and above- <br /> ground or underground utilities (if present) within 200 feet of the proposed affected area are considered <br /> permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely <br /> affect the stability of any significant,valuable and permanent man-made structure located within 200 feet of <br /> the affected area,the applicant may either. <br /> a.)Provide a notarized agreement between the applicant and the person(s)having an interest in the structure, <br /> that the applicant is to provide compensation for any damage to the structure;or <br /> b.) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <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 <br /> structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical <br /> assessment may be provided to demonstrate that the structures shall not be damaged. You must provide <br /> information sufficient to demonstrate that the stability of any structures located within two hundred (200) <br /> feet of the operation or affected land will not be adversely affected. <br /> t DRMS acknowledges that all surrounding structure owners have been notified and provided with a damage <br /> waiver agreement—with the exception of Welco Ventures whose notification appears to have been returned <br /> as undeliverable. As required by Rule 6.4.19,Please provide sufficient information to demonstrate that the <br /> stability of any structures located within two hundred(200)feet of the affected land will not be adversely <br /> affected for structures for which signed agreements have not been received at this time. <br /> Additional Information:You will also need to provide the Division with proof of notice publication. <br /> Adequate as submitted <br /> Any letters from other commenting agencieslentities received by the Division to date have been included <br /> with this correspondence for you to review. <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 <br /> as additional information is supplied. Please remember that the decision date for this amendment <br /> application is June 26,2012. As previously mentioned,if you are unable to provide satisfactory responses <br /> to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow <br /> for continued review of this application. if there are still unresolved issues when the decision date arrives <br /> and no extension has been requested, the application will be denied. If you have any questions, please <br /> contact me at(303)866-3567 x8140. <br /> Sincerely, <br /> Eric Scott—Environmental Protection Specialist <br /> CC: <br /> Enclosures-Comment letters from:CO Parks and Wildlife,COE,CO SHPO,SEO Division of Water Resources <br />