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(200) feet of the affected land, the applicant may provide a notarized agreement between the <br />applicant and the person(s) having an interest in the structure, that the applicant is to provide <br />compensation for any damage to the structure. If an agreement cannot be reached, the <br />applicant shall provide an appropriate engineering evaluation that demonstrates that such <br />structure shall not be damaged by activities occurring during the mining operation. If the <br />structure is a utility, the applicant may supply a notarized letter, on utility letterhead, from the <br />owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no <br />negative effect" on their utility. The Applicant has stated the permit boundary and the <br />affected area are the same. Therefore, the following structures will need to be included under <br />Exhibit S : <br />a. US Highway 50 <br />b. US Highway 287 <br />c. Existing water line (south of US Highway 50) <br />d. Amity Canal <br />e. Overhead powerline (south of US Highway 50) <br />This concludes the Division's preliminary adequacy review of this application. Please remember <br />that the decision date for this application is June 10, 2010. As previously mentioned, if you are <br />unable to provide satisfactory responses to any inadequacies prior to this date, it will be your <br />responsibility to request an extension of time to allow for continued review of this <br />application. If there are still unresolved issues when the decision date arrives and no extension <br />has been requested, the application will be denied. <br />If you have any questions, please contact me at (303)866-3567 x8116. <br />Sincerely, <br />?kd-4- <br />Michael A. Cunningham <br />Environmental Protection Specialist <br />Enclosure(s)