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6.4.19 EXHIBIT S - Permanent Man -made Structures <br />Where the mining operation will adversely affect the stability of any significant, valuable and <br />permanent man -made structure located within two hundred (200) feet of the affected land, the <br />applicant may either: <br />Page 5 of 5 <br />25 Avenue Site <br />AM -01 Adequacy Review <br />a. provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or <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 <br />be damaged by activities occurring at the mining operation; or. <br />c. where such structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed, will have "no negative effect" on their utility. <br />28. Please provide the Division evidence the Applicant attempted to obtain notarized structure <br />agreements, typically a certified mail receipt, with all owners of the structures on and within <br />200 feet of the affected area at the 25 Avenue Site or comply with one of the other provisions <br />of Rule 6.4.19. <br />Please be advised the 25 Avenue Site amendment application may be deemed inadequate, and <br />the application may be denied on July 23, 2012, unless the above mentioned adequacy review <br />items are addressed to the satisfaction of the Division. If more time is needed to complete the <br />reply, the Division can grant an extension to the decision date. This will be done upon receipt of a <br />written waiver of the Applicant's right to a decision by July 23, 2012 and request for additional <br />time. This must be received no later than the deadline date. <br />If you have any questions, please do not hesitate to call me at 303 - 866 -3567 Ext. 8124. <br />Peter S. Heys <br />Environmental Protection Specialist <br />Enclosures - Army Corps of Engineers comment letter <br />Cc: Tom Kaldenbach, Division of Reclamation, Mining & Safety <br />Bill Schenderlein, Blue Earth <br />5 <br />