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a. Where the mining activities will adversely affect the stability of any significant, <br />valuable and permanent man-made structure located within two hundred <br />(200) feet of the affected land, including gas, water, power lines, fences, roads, <br />wells, ditches, and any below-ground utilities, the Applicant shall either: <br />i. Provide a notarized agreement between the Applicant and the <br />Person(s) having an interest in the structure, that the Applicant is to <br />provide compensation for any damage to the structure; or <br />ii. Where such an agreement cannot be reached, the Applicant shall <br />provide an appropriate engineering evaluation that demonstrates <br />that such structure shall not be damaged by activities occurring at <br />the mining operation; or <br />iii. Where such structure is a utility, the applicant may supply a <br />notarized letter, on utility letterhead, from the owner(s) of the <br />utility that the mining and reclamation activities, as proposed, will <br />have "no negative effect" on their utility. <br />Other <br />15. We have not yet received comments from the Office of the State Engineer (OSE) <br />regarding the proposed application. We will immediately forward any comments that we <br />receive. <br />Please be advised that Rule 1.8.1 states that changes and additions to the permit <br />application must be filed with the Division and the County Clerk and Recorder. The <br />applicant must also provide the Division with an affidavit or receipt demonstrating that the <br />change or addition was filed with the County Clerk and Recorder no later than the close of <br />business on the day the change was filed with the Division. <br />If you feel more time is needed to complete your reply, the Division can grant an extension to <br />the decision date. This will be done upon receipt of a written waiver of your right to a decision <br />by April 25, 2008 and request for additional time. This must be received no later than the <br />deadline date. <br />If you have any questions, please do not hesitate to call me at 303-866-4179. <br />Sincerely, <br />eb Zac <br />Environmental Protection Specialist <br />cc: Tony Waldron, DBMS (via a-mail) <br />3 <br />