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March 24, 2008 <br />Pg. 3 <br />Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, <br />that the applicant is to provide compensation for any damage to the structure; or <br />Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br />operation. <br />Please provide evidence that notarized agreements between the structure owners and the applicant were <br />pursued or, in lieu of reaching these agreements, please submit engineering evaluations for the identified <br />structures. <br />We wish to call your attention to a structure observed on the ground but not mentioned in t:he permit <br />application, and that is the head gate that would suggest a water conveyance system exists within the permit <br />boundary, and may be partially buried. Please provide information regarding this conveyance system and <br />provide the necessary notarized agreement or engineering evaluation described above. <br />Miscellaneous <br />Other than The City of Thornton's declaration as objector, received March 18, 2008, no additional <br />comments, beyond those forwarded to you on March 3, 2008, have been received to date from agencies or <br />private parties pertaining to this application. <br />Note that we received your request for extension, which has been granted, and the new decision date for <br />approval or denial of the application is April 30, 2008. <br />If you have any questions, you may call me at (303) 866-3927. <br />Si erely, <br />K <br />David A. Bird <br />Principal Scientist -Environmental Protection Specialist <br />Cc: Albert Frei & Sons, LLC <br />City of Thornton, Colorado <br />