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Page 2 of 3 <br />Bucklen Equipment Company Pit <br />TR -01 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 />4. The Division file indicates the following structure agreements with the surrounding landowners <br />were submitted in 1992 as part of the amendment application process; Abstar Diengdoh, Ralph <br />A. Cowan and Phillip J. Kizer. The Division does not have a record of a structure agreement with <br />the City of Greeley for their properties and structures, including N 17th and N 21 Avenues, <br />within 200 feet of the affected land. Additionally, it appears the property owned by Phillip J. <br />Kizer is now owned by Pedro R. and Inez Gutierrez. Please submit revised structure agreements <br />as required by Rule 6.4.19, due to the change in the mining and reclamation plans. <br />6.5 GEOTECHNICAL STABILITY EXHIBIT <br />Rule 6.5(2) states, on a site - specific basis, an Applicant shall be required to provide engineering <br />stability analyses for proposed final reclaimed slopes, highwalls, waste piles and embankments. <br />An Applicant may also be required to provide engineering stability analyses for certain slopes <br />configuration as they will occur during operations, including, but not limited to embankments. <br />Information for slope stability analyses may include, but would not be limited to, slope angles <br />and configurations, compaction and density, physical characteristics of earthen materials, pore <br />pressure information, slope height, post - placement use of site, and information on structures <br />or facilities that could be adversely affected by slope failure. <br />5. The Operator was not required to submit a geotechnical stability exhibit during the amendment <br />process in 1992 due to the commitment to mine all slopes of the pit at 3H:1V slopes regardless <br />of location or depth. The Operator must comply with the requirements of Rule 6.5(2) due to <br />the proposed changes in the mining and reclamation plans. The required stability analysis must <br />include at minimum an analysis of the 1H:1V slope configuration at maximum depth and the <br />reclaimed 3H:1V slope configuration. <br />Please be advised the Bucklen Equipment Company Pit may be deemed inadequate, and the <br />application may be denied on September 6, 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 />