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where mining will occur. Does the applicant have agreements with the owners of these <br />gas lines and equipment to be relocated? If not, the Operator will need to obtain these <br />agreements or update the mining and reclamation plan to leave these structures in <br />place prior to the approval of the amendment. Or the applicant can commit to not <br />affecting land within 200 feet of the structure until such an agreement was made. <br />41.) The applicant submitted an agreement with the Western Mutual Ditch Company in <br />the amendment application. The Division has on file an agreement between the <br />applicant and Xcel energy for road crossings. However no other structure damage <br />reimbursement agreements have been submitted to the Division. For the current <br />mining plan, the operator has defined setbacks they were to maintain from the mine <br />perimeter and structures. Please identify what structures are located on or within 200 <br />feet of the new permit area. For these structures, the operator must: <br />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 />c.) Where such structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed will have "no negative effect" on their utility. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement <br />between the structure owners and the applicant was pursued. If these agreements cannot <br />be reached, please submit engineering evaluations for the identified structures. <br />Other Issues: <br />42.) Enclosed with this review is correspondence from the Colorado Division of Water <br />Resources, the Army Corp of Engineers, and the Office of Archaeology and Historic <br />Preservation in regards to this amendment application. Please address their concerns. <br />Publication and Notices <br />43.) In accordance with Rule 1.6.2 (d) & (e) and Rule 1.6.5, within ten (10) days after the <br />application was deemed complete and submitted, you must have published a notice in <br />a newspaper of general circulation in the locality of the proposed mining operation once <br />a week for four (4) consecutive weeks. Also, immediately after the first publication you <br />were to mail a copy of the notice to all owners of record of surface and mineral rights <br />holders of any recorded easements and all owners of record of lands that are within 200