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25. The applicant's legal right of entry must be based on the exact location of all gas wells and <br />appurtenances, gas lines, flow lines, tank batteries, etc. The approximate location of such <br />structures is insufficient for establishing the applicant's legal right of entry. Please verify that the <br />applicant's legal right of entry is based on the exact location of all gas wells, appurtenances, gas <br />lines, flow lines, tank batteries, or other such structures. <br />6.4.19 EXAIBIT S -Permanent Man-made Structures <br />26. The stability analysis provided for permanent man-made structures with setback distances of <br />less than 200 feet does not include the effects of the proposed slurry wall installation, and the <br />Factors of Safety for the recommended setback distances do not meet the Division's criteria of at <br />least 1.25 assuming seismic conditions or at least 1.50 without seismic conditions. Further, the <br />Division does not have adequate assurance that the stability analysis provided is based on the <br />exact location of the gas lines, wells, pipelines, and flowlines, etc. An approximate location of <br />any such structure is insufficient for determining the stability of the structure. <br />In order to comply with the requirements of Rule 6.4,19, the applicant will need to either 1) <br />commit to a.r,;n;,,,um setback distance of 200 feet for each structure until such time that a signed <br />and notarized agreement has been reached with the owner of each structure, or an adequate <br />stability analysis demonstrating an acceptable factor of safety has been provided, 2) provide <br />structure agreements with the owners of all such structures, ie: gas wells, tank batteries, gas lines, <br />flow lines, etc., that allow for excavation within 200 feet of the structure, 3) provide a stability <br />analysis, based on the exact location of all pertinent structures, that includes the slurry wall <br />installation and demonstrates factors of safety of at least 1.25 with seismic conditions or 1.50 <br />without seismic conditions. <br />27. Merit Energy Company ("Merit's has filed an objection to the Nissen Farm Resource <br />application via Keith M. Crouch, P.C. (please see attached correspondence from Keith M. <br />Crouch to Tom Schreiner dated July 2, 2003). Based on review of the notes on Exlu'bit C - <br />Mining Plan Map, it appears that Merit and HI have no issues as to some of the setbacks <br />requested by Merit. However, the applicant will need to clearly state in the narrative of the mine <br />plan the various setbacks that will be employed with regard to gas wells, gas lines, <br />appurtenances, access roads, etc. The Division requests that HI confirm their agreement or <br />_ dis~eement wi,th.the follo_wingset~apks~equ~stedlzgMeriL•_, _ , _ .:..: , <br />150 feet from gas wells <br />75 feet for temporary mining <br />15 foot easement on either side of flowlines <br />200 feet from tanks and sepazators <br />Please submit HI's response to each of these requested setbacks. <br />28. Please provide the Division with the status of pending or existing signed and notarized <br />structure agreements between HI and owner(s) of the structure for any permanent man-made <br />