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a.) Provide a notarized agreement between the applicant and the person(s) having <br />an interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or <br />b.) Where such an agreement cannot be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not <br />be damaged by activities occurring at the mining operation. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement <br />between the structure owners and the applicant was pursued or, in lieu of reaching these <br />agreements, please submit engineering evaluations for the fence. <br />This concludes the Division's second adequacy review of this application. Please <br />remember that the decision date for this application is October 25th, 2009. As previously <br />mentioned if you are unable to provide satisfactory responses to any inadequacies prior to <br />this date, it will be your responsibility to request an extension of time to allow for <br />continued review of this application. If there are still unresolved issues when the <br />decision date arrives and no extension has been requested, the application will be denied. <br />If you have any questions, please contact me at (303) 866-3567 ext. 8120. <br />Sincerely, <br />kwAx? <br />Ebert <br />Environmental Protection Specialist <br />Cc: Denise Gonzales, All Rite Paving and Redi-Mix. Inc. <br />Tony Waldron, DRMS <br />2