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owned by CDOT, 2) Utility Poles owned by Public Service Company/Xcel Energy, and 3) Sewer Line owned by the Black Hawk Central City Sanitation District. The applicant has also provided a notarized letter from the applicant stating that they agree to keep the affected area of the proposed "MMRR Quazr}~' operation at least 200 feet from all permanent man-made structures owned by other parties unless and until they have obtained notarized agreements with the structure owners allowing activity within 200 feet, and provided this ageement to the Division of Minerals and Geology (the "Division"), or until they have provided the Division with an approved slope stability analysis for the structure. The Division considers the main access road to be "affected land", as per Rule 1.1(3). Therefore, it is the Division understanding that the notarized letter provided by the applicant includes and applies to construction of the main access road. Please verify. 6.5 GEOTECHNICAL STABILITY EXHIBIT Allen Sorenson -Adequacy review comments from Allen Sorenson of the Division will be forwarded to the applicant as soon as they become available. These include review of the applicant's Geotechnical Stability Exhibit and indication of the potential need for buttressing the toe of the waste rock storage pile. Once again, we will look forward to your response to Division adequacy concerns and Objector comments on or before January 31, 2005 to allow adequate time for review before the February 7, 2005 decision date. Please be sure to submit two (2) copies of all documents. Rule 1.8.1 states that changes and additions to the pemut application must be filed with the Division and the County Clerk and Recorder. The applicant must also provide the Division with an affidavit or receipt demonstrating that the change or addifion was filed with the County Clerk and Recorder no later than the close of business on the day the change was filed with the Division. Please contact me at (303) 866-3567 if you have any questions. Sincerely, .~U/~~ Thomas A. Schreiner - - - -EnviromnerrtatPrtrteclion Specialist - - - - - - - - - - - - - - - - Cc: Cazl Mount, DMG (via E-Mail) Steve Brown, AGO (via E-Mail Robert A Lembke, CCDWP Tom Howazd, CDOW Susan Lipner, USFWS Objectors (see list below) Attachments Office ofthe State Engineer Review Comments (11/16/04) DMG Adequacy Review Comments from Gregg Squire (O1/11/OS) Objections Letters (Tony Peterson, LL. & L.M. Turner, Michael W Crouse, Jock Waldo, Estella B Leopold, T Alan Roberts, Michael Frawley, City of Black Hawk, Todd Steffen, David Aker, Edwazd Smith, Medill McC Barnes)