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<br />to be compensated for by the operator. Since the mining operation <br />is planned to be closer than 200 feet from the Fossil Creek <br />Reservo:ir Outlet Ditch, the operator will have to supply the <br />Division of Minerals and Geology with such an agreement or the <br />Division will have to recommend denial of the permit. Failing to <br />obtain such an agreement, the operator has the option of either <br />staying more than 200 feet from the ditch bank or demonstrating, by <br />use of an engineering study, that the operation will not affect the <br />stabilii:y of the ditch. This same situation applies to the A.T.&T. <br />cable, the Wyco Pipeline, Larimer County Road No. 5, the Arthur <br />Lateral Ditch, the overhead power lines by County Road No. 5 and <br />any othcar significant, valuable and permanent man-made structures <br />located within two hundred feet of the affected land. Please refer <br />to C.R.S. 34-32-115(4)(d) for the section of the Mined Land <br />Reclamation Act governing these matters. <br />I am sorry that these matters were not covered in our initial <br />review of the application in 1989. However, they must be addressed <br />at this time. <br />If you have any questions, please contact me. <br />Sincere:Ly, <br />`/~ ~ '/' - <br />arC 1 B. Mount <br />Senior Reclamation Specialist <br />C:89056ADQ.CBM <br />