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Letter to Mr. Rob Laird 2 May 4.2004 <br />2) Describe the structure and include sufficient information to evaluate the structure <br />sizing. <br />3) Describe how water will be managed during the construction period and during the <br />use of the crossing.. <br />4) Describe measures to be taken to insure impacts to the water in Boulder Creek are <br />mitigated, including measures which will be implemented if water is impounded <br />behind the culverts up to the top of the culverts. <br />Also, please describe how the structure will be reclaimed. In particulaz, please state; <br />1) The materials which will be removed, how they will be removed and where the <br />materials will be disposed. <br />2) Measures which will be taken to revegetate the site. <br />Please provide a reclamation cost estimate of the actual costs to reclaim the crossing, based <br />on what it would cost the State of Colorado using an independent contractor to perform the. <br />work. <br />b) As a general policy, in reference to mining adjacent to structures or relocating them, the <br />Division will require that no mining related disturbance shall take place within 200 feet of any <br />permanent man made structure until the operator has complied with Rule 6.4.16 Paragraphs <br />{a), (b) or (c). In the case of this application the applicant has provided, in the application, <br />copies of letters to various oil and gas companies requesting that the companies provide a <br />notarized letter stating that the mining and reclamation activities, as proposed, will have "no <br />negative effect" on their utility: This request was made to comply with Paragraph (c) of Rule <br />6.4.19. This paragraph contains the wording "where such structure is a utility". It is the <br />Division's position that oil and gas company's flow lines and production wells are not utilities <br />and therefore, the applicant must provide the Division with proof of compliance with either <br />Paragraph (a) - provide a notarized agreement between the applicant and the person(s) having <br />an interest in the structure that the applicant is to provide compensation for any damage to the <br />structure; or (b)- where such an agreement can not be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be damaged <br />by activities occurring at the mining operation. Compliance with either Paragraph (a) or (b} <br />must be provided to the Division for each structure prior to any disturbance within 200 feet of <br />said stntcture. <br />3. Exhibit G Water Information <br />As a part of Exhibit G, the Applicant stated that a well permit and Temporary Substitute Supply <br />Plan (TSSP) has been applied for with the State Engineers office, In the permit approval <br />document the Division will stipulate that the operator shall not expose any ground water until <br />the operator has provided the Division with copies of the approved well permit and TSSP. <br />