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a.) Provide a notarized agreement between the applicant and the person(s) <br />having an interest in the structure, that the applicant is to provide <br />compensation for any damage to the structure; or <br />b.) Where such an agreement cannot be reached, the applicant shall provide <br />an appropriate engineering evaluation that demonstrates that such <br />structure shall not be damaged by activities occurring at the mining <br />operation. <br />If the fence is located within 200 feet of the affected land, please provide evidence <br />(certified letter to structure owners) that a notarized agreement between the structure <br />owners and the applicant was pursued or, in lieu of reaching these agreements, please <br />submit engineering evaluations for the identified structures. <br />This concludes the Division's preliminary adequacy review of this application. Please <br />remember that the decision date for this application is June 6t", 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 application. If there are still unresolved issues when 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, DRMS <br />Cc: Tony Waldron, DRMS <br />Myron Mullett, Mullett Excavating L.L.C.