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(c) where such structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility." <br />Please clearly state whether or not the proposed mining activities will adversely affect <br />any of the permanent man-made structures idenfified under this exhibit. If there is the <br />possibility that mining will affect any of these structures, please provide information as <br />outlined in the above rule. Of particular interest are the panels adjacent to Highway 9 <br />that will be mined at 2H: 1 V slopes. <br />6.5 GEOTECHIVICAL STABILITY EXIi1BIT <br />Since all reclaimed slopes will be 3H: 1 V or flatter and explosives aze not being used, <br />this section is currently adequate as submitted. However, if Pond A is removed and re- <br />constructed, the re-constructed embanlmients will be required to have the appropriate <br />geotechnical and stability analyses provided at the time of construction. <br />This concludes the Division's preliminary adequacy review of this application. Please <br />remember that the decision date for this application is May 31, 2004. As you know, since <br />there were objections to this application, this date was set so that this item could appear <br />before the Colorado Mined Land Reclamation Board. However, if the objection is <br />withdrawn in writing prior to the board meeting, staff can make a decision and this matter <br />will not have to appeaz before the Board. Therefore, if the item is withdrawn, a decision <br />could be rendered prior to the May 31St date. As previously mentioned if you are unable <br />to provide satisfactory responses to any inadequacies prior to this date, it will be your <br />responsibility to request an extension of time to allow For continued review of this <br />application. If there are still unresolved issues when the decision date arrives and no <br />extension has been requested, the application will be denied. If you have any questions, <br />please contact me at (303) 866-4926. <br />S' ely r <br />thony .Waldron <br />Environmental Protection Specialist <br />Cc: Greg Lewicki-Greg Lewicki and Associates <br />Enclosure(s) <br />