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RE: J-2 Contracting Company-DPG Pit-Permit No. M-2019-028 <br /> 112(c)Permit Application <br /> Adequacy Review No. 1 Response 8126119 <br /> -13- <br /> slurry wall installation for Phase 3 is 80 feet. The average depth of slurry wall installation <br /> for Phase 4 is 94 feet. The average depth of slurry wall installation for Phase 5 is 60 feet. <br /> Exhibit M-Other Permits and Licenses (Rule 6.4.13): <br /> 50) Will the operator be seeking SEO approval of the proposed slurry wall liners? If so, please <br /> include this "approval" in the list provided. <br /> Response: Yes, the approval has been added to the list in Exhibit M. <br /> 51) Will the operator be required to obtain a Section 404 permit from the U.S. Army Corps of <br /> Engineers in order to conduct the proposed mining and reclamation operations? If so, <br /> please include this "permit' in the list provided. The Division understands the operator may <br /> still be waiting on a jurisdictional determination from the USACE for the several aquatic <br /> resources identified on and nearby the proposed affected lands. In this case, the operator <br /> may state that a Section 404 permit may be required depending on the results of this <br /> determination. <br /> Response: No, a Section 404 permit is not anticipated and ERC is working with the <br /> Corps of Engineers to get a jurisdictional determination to make sure no permit is <br /> needed. <br /> Exhibit S- Permanent Man-made Structures (Rule 6.4.19): <br /> 52) Please provide a list of all permanent, man-made structures located on or within 200 feet <br /> of the proposed affected land boundary, and their respective owner(s). <br /> Response: A list is included in the revised Exhibit S and labels are provided on the <br /> Mining Plan maps. <br /> 53) On June 17 and 18, 2019, the operator provided the Division with copies of the structure <br /> agreements mailed (on June 18, 2019) to owners of structures located on or within 200 <br /> feet of the proposed affected land boundary, and Certified Mail Receipts for the mailings. <br /> The Division has the following questions regarding these materials: <br /> a. While the operator provided a copy of the structure agreement sent to Xcel Energy, <br /> the Division could not find the associated Certified Mail Receipt. Please provide the <br /> Certified Mail Receipt demonstrating a structure agreement has been attempted with <br /> Xcel Energy. <br /> b. While the operator provided a copy of the structure agreement sent to Extraction Oil <br /> & Gas, the Division could not find the associated Certified Mail Receipt. Please <br /> provide the Certified Mail Receipt demonstrating a structure agreement has been <br /> attempted with Extraction Oil & Gas. <br /> c. While the operator provided a copy of the Certified Mail Receipt for SRC Energy Inc., <br /> the Division could not find the associated structure agreement. Please provide a <br /> copy of the structure agreement that was mailed to SRC Energy Inc. <br /> d. While the operator provided a copy of the Certified Mail Receipt for PDC Energy Inc., <br /> the Division could not find the associated structure agreement. Please provide a <br /> copy of the structure agreement that was mailed to PDC Energy Inc. <br /> V fly 305 Denver Avenue-Suite D•Fort Lupton CO 80621 •Ph: 303-857-6222•Fax:303-857-6224 <br />