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Page 4 of 4 <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above- <br />ground or underground utilities (if present) within 200 feet of the proposed affected area are considered <br />permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely <br />affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of <br />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, <br />that 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 <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br />operation. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement between the <br />structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical <br />assessment may be provided to demonstrate that the structures shall not be damaged. You must provide <br />information sufficient to demonstrate that the stability of any structures located within two hundred (200) <br />feet of the operation or affected land will not be adversely affected. <br />DRMS acknowledges that all surrounding structure owners have been notified and provided with a damage <br />waiver agreement – with the exception of Welco Ventures whose notification appears to have been returned <br />as undeliverable. As required by Rule 6.4.19, Please provide sufficient information to demonstrate that the <br />stability of any structures located within two hundred (200) feet of the affected land will not be adversely <br />affected for structures for which signed agreements have not been received at this time. <br />Additional Information: You will also need to provide the Division with proof of notice publication. <br />Adequate as submitted <br />Any letters from other commenting agencies /entities received by the Division to date have been included <br />with this correspondence for you to review. <br />This concludes the Division's preliminary adequacy review of this application. This letter shall not be <br />construed to mean that there are no other technical deficiencies in your application. Other issues may arise <br />as additional information is supplied. Please remember that the decision date for this amendment <br />application is June 26, 2012. As previously mentioned, if you are unable to provide satisfactory responses <br />to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow <br />for continued review of this application. If there are still unresolved issues when the decision date arrives <br />and no extension has been requested, the application will be denied. If you have any questions, please <br />contact me at (303) 866 -3567 x8140. <br />j4— <br />Eric Scott – Environmental Protection Specialist <br />CC: <br />Enclosures - Comment letters from: CO Parks and Wildlife, COE, CO SHPO, SEO Division of Water Resources <br />