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o•• <br />2 <br />(b) where such an agreement cannot be reached, the Applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities <br />occurring at the mining operation; or <br />(c) where such structure is a utility, the applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, <br />will have "no negative effect" on their utility. <br />4. The applicant submitted an unsigned State Highway Access Permit Application in lieu of a structure <br />agreement for the CDOT right of way fence. Please indicate wherein the State Highway Access Permit <br />Application protection and/or compensation for any damage to structures is addressed and provide <br />the Division with a signed copy of the application. <br />5. Please provide a notarized structure agreement for the following permanent man-made structures <br />located within 200 feet of the affected land: <br />a. Level 3 fiber optic line <br />b. Overhead power line <br />Your application will not be considered submitted until all the information listed above is received and found <br />sufficient to begin our review. A decision date will be established 15 days from the date of receipt of all of the <br />requested information. <br />You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an <br />application to be considered filed. If, at the end of the sixty day period, the application has not been determined <br />to be filed with the Office, the Office shall deny the application and terminate the application file. <br />This letter shall not be construed to mean there are no other technical deficiencies in your application. The <br />Division will review your application to determine whether it is adequate to meet the requirements of the Act <br />after submittal of all required items. <br />Sincerel <br />Peter S. H s <br />Environmental Protection Specialist <br />Enclosure <br />cc: Tony Waldron; DRMS