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Rule 6.4.19 states that if a structure is within 200 feet of the affected land, the applicant may either; <br />a. provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damage to the structure, or <br />b. 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 a the <br />mining operation, or <br />c. where such structure is a utility, the Applicant may supply a notarized letter on utility letterhead, from <br />the owners(s) of the utility that the mining and reclamation activities will have "no negative effect" <br />on their utility. <br />If such notarized agreements cannot be achieved during this review period, then a revision to the permit will <br />need to be filed in the future prior to mining closer than 200 feet from the structure. Please provide the <br />Division evidence of attempting to obtain agreements, typically a certified mail receipt, with the owners of the <br />structures. <br />Please be advised that the SerFer Pit New 112 Application may be deemed inadequate, and the application may be <br />denied on September 19, 2008 unless the above-mentioned adequacy review items are addressed to the <br />satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant an <br />extension to the decision date. This will be done upon receipt of a written waiver of your right to a <br />recommendation by September 19, 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 with questions. <br />Sincerely, <br />Peter Hays <br />Environmental Protection Specialist <br />Enclosure <br />cc: Tony Waldron; DRMS <br />Kallie Bauer; Applegate Group, Inc.