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6.4.19 EXHIBITS- Permanent Man-Made Structures <br />30.) A Black Hills Energy Powerline is located along the western boundary of the site according to the mining plan map. <br />The structure appears to be located within 200 feet of the affected land. In accordance with Rule 6.4.19, when mining <br />operations may adversely affect the stability of any significant, valuable and permanent man-made structure located <br />within 200 feet of the affected area, the applicant may either: <br />a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that <br />the applicant is to provide compensation for any damage to the structure; or <br />b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation <br />that demonstrates that such structure shall not 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 utility letterhead from the <br />owner(s) of the utility that the mining and reclamation activities as proposed will have "no negative effect" on <br />their utility. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners <br />and the applicant was pursued or, in lieu of reaching these agreements, please submit engineering evaluations for the <br />identified structures. <br />Publication and Notices <br />31.) In accordance with Rule 1.6.2 (d) & (e) and Rule 1.6.5, within ten (10) days after the application was deemed <br />complete and submitted, you must have published a notice in a newspaper of general circulation in the locality of the <br />proposed mining operation once 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 holders of any recorded <br />easements and all owners of record of lands that are within 200 feet of the boundary of the affected land. Proof of <br />notice and mailings such as Certified Mail Return Receipt Requested must be submitted to the Division of Reclamation <br />Mining and Safety prior to the decision date. <br />This concludes the Division's preliminary adequacy review of this application. Please remember that the decision date <br />for this application is June 5t", 2011. As previously mentioned if you are unable to provide satisfactory responses to any <br />inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued <br />review of this application. If there are still unresolved issues when the decision date arrives and no extension has been <br />requested, the application will be denied. If you have any questions, please contact me at (303) 866-3567 ext. 8120. <br />Sincerely, <br />Jared Ebert <br />Environmental Protection Specialist <br />CC: Trent Stafford, Seifert Enterprises, LLC. <br />Tony Waldron, DRMS <br />Berhan Keffelew, DRMS <br />5 1 P a g e