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Ms. Kris Pennington <br />Page 7 <br />December 8, 2010 <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 be <br />damaged by activities occurring at the mining operation. <br />c. Alternatively, you may also reference Item 7.M, "Damage to Livestock, Crops, and <br />Improvements" in the revised Lease Agreement (see comment 1 under 6.4.14 <br />Exhibit N) submitted to the Division as Exhibit N, if that revised agreement is <br />notarized. <br />2. There is the potential for the proposed mining operation to affect the power line owned by <br />Highline Electric on the west side of the expansion area. Rule 6.4.19(c) states "Where such <br />structure its 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 letter from HEA is not notarized. <br />a. During the November 8th Pre-Operation Inspection, the Division observed that <br />assuming the orange lath staking accurately represents the proposed permit <br />boundary, all power poles are inside the proposed permit boundary. The <br />southern-most power pole is 30 to 40 feet inside the proposed boundary as the <br />power line veers to the east towards the south end of the proposed permit <br />boundary. If the current observed practice of mining near vertical pit walls is <br />used too close to the power poles, the poles could fall, damaging the line and <br />endangering the equipment operator. <br />b. Please provide a notarized letter as required. <br />Other Concerns <br />The Division is not aware of other concerns at this time. <br />This concludes the Division's preliminary adequacy review of this application. Please remember <br />that the decision date for this application is January 24th, 2011. As previously mentioned if you <br />are 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. If you have any questions, please contact me <br />at (303) 866-3567, ext. 8169. <br />Sincerely, <br />Tim Ca er, P.E. <br />Environmental. Protection Specialist <br />Cc: Tony Waldron, DRMS <br />Enclosures (3)