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b.) Where such an agreement cannot be reached, the applicant shall <br />provide an appropriate engineering evaluation that demonstrates that such <br />structure shall not be damaged by activities occurring at the mining <br />operation. <br />Please provide evidence (certified letter to structure owners) that a notarized <br />agreement between the structure owners and the applicant was pursued. If an <br />agreement is unable to be reached a geotechnical assessment may be provided to <br />demonstrate that the structures shall not be damaged. <br />It would also be acceptable to address this issue by stating in the mining plan, and <br />revising the plan to show that no mining will take place within 200 feet of any permanent <br />man-made structures, including roadways and utilities, if that is consistent with proposed <br />activities. <br />Other Items <br />You will also need to submit proof of publication of public notice detailing the <br />publication used and dates published before your permit can be approved. <br />This concludes the Division's preliminary adequacy review of this application. Please <br />remember that the decision date for this application is November 24, 2008. As <br />previously mentioned if you are unable to provide satisfactory responses to any <br />inadequacies prior to this date, it will be your responsibility to request an extension of <br />time to allow for continued review of this application. If there are still unresolved <br />issues when the decision date arrives and no extension has been requested, the application <br />will be denied. <br />If you have any questions, please contact me at (303) 866-3567 x8140. <br />Sincerely, <br />e: ?V- , /? <br />Eric Scott <br />Environmental Protection Specialist <br />Cc Tony Waldron - Senior Environmental Specialist