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<br />If the Division's determination is appealed and the application must be approved prior to the <br />issue coming before the Boazd, the Division shall condition the approval. Such approval shall <br />provide that a 200ft set back is maintained pending the Board's decision on the issue, or the <br />applicant comp]ies with either of (1) or (2) above. <br />Concerns have been raised by operators and applicants concerning "illegal" structures and their <br />protection under the 200 ft. Rule. According to the AGO, DMG's statutes do not make a <br />distinction between "legal" and "illegal" structures. The Division is required to protect <br />structures, period. The determination as to whether a structure is "legal" or "illegal" is the <br />responsibility of other governmental entities and does not affect our permitting or regulatory <br />responsibility. <br />)n addition, the Division can not accept for application filing a claim that "the operation will not <br />adversely affect any significant, valuable or permanent, man-made structures". The Division can <br />accept a statement from the applicant that there are no such structures within 200 ft. of the <br />affected lands. Such claim may be verified during the pre-operational inspection. <br />C:/policy/strucnues 200 ft. <br />