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11. Section (b) of this rule directs the Applicant to provide an appropriate engineering evaluation that <br />demonstrates that structures for which damage agreements cannot be obtained, shall not be damaged by <br />activities occurring at the mining operation. In lieu of a damage agreement for all of the structures identified <br />as within 200 feet of the affected lands, the applicant has supplied a statement from Nathan A. Barton, P.E. <br />stating that he does not believe that mining on the property will have any impacts on these structures. In the <br />absence of a damage agreement, the Division requires a geotechnical stability report related to potential <br />impacts to the nearby permanent man-made structures. Please submit either a damage agreement or the <br />appropriate geotechnical stability report. <br />12. Also relative to Section (b), the Applicant states that Hwy 160 and the affiliated utilities and structures are <br />more than 200 feet outside of the affected area. In that Access Road A will be improved as part of the mining <br />plan, and that Hwy 160 and the affiliated utilities and structures are within 200 feet of Access Road A, these <br />structures are considered to be within 200 feet of the affected area. Therefore the appropriate agreements or <br />geotechnical stability report relating to these structures must be submitted to the Division. <br />Please be advised that the McStone Aggregates LLC Mud Creek Pit 112(c) Permit Application may be deemed <br />inadequate, and the application may be denied June 5, 2008 unless the above mentioned adequacy review items <br />are addressed to the satisfaction of the Division. Responses to these adequacy concerns must be received by the <br />Division to allow adequate time for review prior to the decision date. 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 of a written <br />waiver of your right to a decision by June 5, 2008 and request for additional time. This request must be received <br />no later than June 5, 2008. Please be aware that depending on the answers that are received regarding the above <br />adequacy issues, the Division. may have further adequacy questions. The Division may also have additional <br />adequacy questions once the site has undergone an inspection related to this application. <br />If you have any questions, please do not hesitate to call me at (970) 259-5861. <br />Sincerely, <br />1~ / 1 <br />c LGGL i !~/~/1 <br />ate Pickford <br />Environmental Protection Specialist <br />