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<br />Division's concerns will be satisfied and the setbacks specified in the agreements will be <br />approved. If agreements cannot be reached with persons having an interest in the <br />structures, Rule 6.4.19 provides the option for the Applicant to prepare an engineering <br />evaluation demonstrating that the proposed mine plan will be protective of the structures <br />To date, the Division has not received any of the notarized agreements or approved any <br />engineering demonstration to mine closer than 200 feet. Please provide the Division a <br />status regarding this issue. <br />There are thirteen structure owners within 200 feet of the proposed mining area. As of <br />10-23-01, two individual property owners have provided notarized agreements; and due <br />to the Applicant's recent efforts, notarized agreements are expected from United Power, <br />CDOT, the Adams County Historical Society, and American Pride Co-op. The remaining <br />structure owners are all located north of the site, with the exception of the Fulton <br />Irrigating Ditch Company, whose ditch corresponds to the western property boundary. <br />The Applicant is communicating with the Ditch Company and expects an agreement <br />before mining begins. <br />The Applicant will continue to seek structure agreements so as to reduce the scope of <br />an engineering evaluation, if a study becomes necessary. <br />