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Page 5 of 5 <br />Power. Other structure agreements were to be pursued and forwarded to DRMS as <br />required as mining progressed. The June 2006 letter also commits to mining no closer than <br />200 feet to State Hwy 52 unless a structure agreement with CDOT is obtained. A <br />commitment was made in that letter to not mine within 200 feet of any structures until a <br />completed structure damage agreement was obtained. <br />A review of DRMS records for the site does not show that any additional structure <br />agreements have been obtained/submitted at this time. DRMS was also unable to locate in <br />the site records the geotechnical slope stability study referred to in AMO2 demonstrating that <br />mining within 200 feet of any structure would cause no adverse affect - or any DRMS <br />approval letter for a stability study. If our records are incomplete, please provide copies of <br />this documentation, so that your site file can be updated as needed. If you are unable to <br />provide copies of this material (executed structure agreements, proof of mailing(s), or the <br />approved geotechnical stability study), new, current agreements with all the structure <br />owners listed in Exhibit S of AMO2 will need to be obtained and provided. <br />Additional Information: You will also need to provide the Division with proof of notice <br />publication and notification to surrounding property owners. Any letters from other commenting <br />agencies /entities received by the Division to date have been included with this correspondence for <br />you to review. <br />Please see attached comment letters from SEO, US ACOE and State Historical Society and <br />address as appropriate. <br />This concludes the Division's preliminary adequacy review of this application. This letter shall <br />not be construed to mean that there are no other technical deficiencies in your application. Other <br />issues may arise as additional information is supplied. Please remember that the decision date for <br />this amendment application is October 23, 2010. As previously mentioned, if you are unable to <br />provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility <br />to request an extension of time to allow for continued review of this application. If there are still <br />unresolved issues when the decision date arrives and no extension has been requested, the <br />application will be denied. If you have any questions, please contact me at (303) 866 -3567 x8140. <br />Sincerely, <br />6 ,(4 - ./1 4 . ,,, <br />Eric Scott - Environmental Protection Specialist <br />