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Division assumes this to be the ditch located just south of the permit boundary. From <br />our review, it does not appear the mining operation will occur within 200 feet of this <br />structure. If this is not the case, this structure will need to be accounted for in Exhibit S, <br />and the proper damage re-imbursement agree ment.obtained. The Office of <br />Archaeology's and Historical Preservation's correspondence is enclosed with this <br />document. Please address the concerns of this letter. <br />This concludes the Division's preliminary adequacy review of this application. Please <br />remember that the decision date for this application is January 20th, 2010. As previously <br />mentioned, if you are unable to provide satisfactory responses to any inadequacies prior <br />to this date, it will be your responsibility to request an extension of time to allow for <br />continued review of this annlication. If there are still unresolved issue-, %A/hen the <br />decision date arrives and no extension has been requested, the application will be <br />denied. If you have any questions, please contact me at (303) 866-3567 ext. 8120. <br />Sincerely, <br />Jared Ebert <br />Environmental Protection Specialist <br />Enclosures: <br />1.) Letter from the Division of Water Resources, dated November 2nd 2009. <br />2.) Letter from the Office of Archaeology and Historic Preservation, dated <br />October 30th, 2009. <br />CC: Tony Waldron, DRMS <br />Greg Lewicki, of Greg Leweicki and Associates, PLLC <br />6