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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 />23. 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 of the site (power pole company, fence owners and county road) <br />or comply with one of the other provisions of Rule 6.4.19. <br />Please be advised the Pawnee Aggregate Pit application may be deemed inadequate, and the <br />application may be denied on August 7, 2012, unless the above mentioned adequacy review items <br />are addressed to the satisfaction of the Division. If more time is needed to complete the reply, the <br />Division can grant an extension to the decision date. This will be done upon receipt of a written <br />waiver of the Applicant's right to a decision by August 7, 2012 and request for additional time. This <br />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. Hays <br />Environmental Protection Specialist <br />Enclosures - Colorado Division of Water Resources, History Colorado and the Army Corps of <br />Engineers comment letters <br />Cc: Tom Kaldenbach; Division of Reclamation, Mining & Safety <br />Mickey Leyba- Farnsworth; Patrick Engineering <br />Page 5 of 5 <br />Pawnee Aggregate Pit <br />Adequacy Review <br />