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Sincerely, <br />Peter S. Hays <br />Environmental Protection Specialist <br />Cc: Tom Kaldenbach, Division of Reclamation, Mining & Safety <br />Bill Schenderlein, Blue Earth <br />2 <br />Page 2 of 2 <br />25` Avenue Site <br />AM -01 Second Adequacy Review <br />6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder <br />4. Please provided an affidavit or receipt indicating the date on which the revised amendment <br />application information required to address this adequacy letter was placed with the local <br />County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). <br />6.4.19 EXHIBIT S - Permanent Man -made Structures <br />5. The Applicant submitted unsigned structure agreements for the following utility easement and <br />structure owners; ATMOS Energy, Century Link, DCP Midstream, Xcel Energy, Great Western <br />Railroad of Colorado and Weld County and a slope stability analysis performed by Applegate <br />Group, Inc in 2002 for the existing mine site permitted by the City of Greeley in support of the <br />proposed mining offsets for the amendment area. Before the Division will consider the stability <br />analysis for compliance with Rule 6.4.19, the Applicant must provide evidence the Applicant <br />attempted to obtain notarized structure agreements, typically a certified mail receipt, with <br />owners of the structures on and within 200 feet of the affected amendment area at the 25 <br />Avenue Site. <br />Please be advised the 25 Avenue Site amendment application may be deemed inadequate, and <br />the application may be denied on August 20, 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 August 20, 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 />