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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. <br />• 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 at the <br />mining operation. The engineer's statement provided with the application is not notarized and does <br />not provide enough information regarding slope stability and safety along the southern permit <br />boundary. <br />• Where such structure is a utility, the applicant may supply a notarized letter, on utility letterhead, <br />from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have <br />"no negative effect" on their utility. <br />- Please see Geotechnical Exhibit Review. <br />15) Per Rule 6.5(1), please provide a geotechnical evaluation of all geologic hazards that have potential to affect <br />any proposed impoundment, slope, embankment, highwall, or waste pile within the affected area. Also, <br />provide a geotechnical evaluation of all geologic hazards, within the vicinity of the affected lands that may <br />be de-stabilized or exacerbated by mining or reclamation activities. <br />- Please see Geotechnical Exhibit Review. <br />16) Per Rule 6.5(2), please provide an engineering stability analysis for the proposed final reclaimed slopes, <br />highwalls, waste piles and embankments. Also, please provide an engineering stability analyses for the <br />slope adjacent to Highway 141 and what the configuration will be during operations. The information for <br />the slope stability analyses should include slope angles and configurations, compaction and density, <br />physical characteristics of earthen materials, pore pressure information, slope height, post placement use of <br />site and information on structures or facilities that may be adversely affected by slope failure. <br />- Please see Geotechnical Exhibit Review. <br />17) Due to the potential for off-site impacts due to the failure of the slope adjacent to Highway 141 please <br />provide all information described in Rule 6.5(3). <br />- Please see Geotechnical Exhibit Review. <br />Other issues may arise from other agency comments, and as more information is supplied. This application cannot <br />be approved until the issues brought forth are adequately addressed. Please submit a response to the following <br />issues as soon as possible along with a written extension request to allow time for the division to adequately <br />review the response. If your written extension request is not received by 5 p.m. April 12, 2010 this application <br />may be denied. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.2042. <br />Sincerely, <br />Travis Marshall <br />Environmental Protection Specialist