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• <br /> <br />For all structures that will be affected by mining (i.e. rerouted, or replaced), the applicant <br />must provide a notarized agreement between the Applicant and the Person(s) having an <br />interest in the structure, that the Applicant is to provide compensation for any damage to the <br />structure. <br />b) For all structures that are within 200 feet of the affected area, the applicant must provide a <br />notarized agreement between the Applicant and the Person(s) having an interest in the <br />structure, that the Applicant is to provide compensation for any damage to the structure. Or, <br />where such an agreement can not be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by <br />activities occurring at the mining operation. <br />c) In Exhibit S, the applicant provided the Division with three letters of consent. The letters <br />addressed to Lupton Bottom Ditch Company and Top Operating Company are not signed by <br />all parties and are not notarized. The October 13, 1999 letter from United Power discusses <br />the relocated line but does not give consent and the signature is not notarized. In addition, <br />the letter dated January 24, 2000 from Lupton Bottom Ditch Company also discusses the <br />relocated Lupton Bottom Ditch, but not give consent and the signature is not notarized. All <br />letters of consent must be signed and notarized by the applicant and the owner of the <br />structure. <br />15. The Division received a letter from the Department of the Army, Corps of Engineers and Weld <br />County. Copies of the letters are enclosed. <br />Please be advised that the Ft. Lupton Sand and Gravel Mine application may be deemed inadequate, <br />and the application may be denied on March 27, 2000 unless the above mentioned adequacy review <br />items are addressed to the satisfaction of the Division. If you feel more time is needed to complete <br />your reply, the Division can grant an extension to the decision date. This will be done upon receipt <br />of a written waiver of your right to a decision by March 27, 2000 and request for additional time. <br />This must be received no later than the deadline date. <br />If you have any questions, please do not hesitate to call. <br />Sincerely, <br />S. c~ <br />Erica Crosby d` <br />Environmental Protection Spe <br />Enclosures <br />cc: Carl Mount; DMG <br />Robert Laird; Banks & Gesso <br />