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22. The Applicant stated in its application that it will not relocate any gas lines until <br />notarized written consent to relocate any such line is submitted to the Division. Until <br />such an agreement is reached, the Applicant must maintain an adequate setback distance <br />to ensure the gas line is protected. The Division has recommended the following <br />condition as Stipulation No. 6: <br />The applicant will not mine within 100 feet of the toe of the slope from the Kerr- <br />McGeegas line until an agreement between Kerr-McGee and the operator for <br />compensation, or to relocate the gas line and associated facilities has been <br />reached and submitted to the Division. Submittal of the agreement and <br />relocation plan for the gas lines and associated facilities must be submitted in the <br />form of a revision to the permit. <br />23. The weight of the evidence, together with proposed Stipulation No. 6, indicate that the <br />Applicant has complied with or will comply with Construction Materials Rule 6.4.19. <br />24. The Division has proposed additional stipulations set forth below. Based on the <br />Division's recommendations, it is appropriate for the Board to add Stipulation Nos. 2, 4, <br />5, 7 and 8 to the permit, <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />approves the Section 112 Construction Materials Application of S W TKO Joint Venture, LLC, <br />file number M-2004-078, subject to the following stipulations: <br />Stipulation No. 1 <br />Prior to exposure ofgroundwater or any pit de-watering, or installation of the underground recharge <br />wells, the applicant will obtain approval from the Division of Minerals and Geology of a water <br />gualiry monitoring and mitigation plan in the form of a revision to the permit. A copy of the revision <br />shall be forwarded to the objecting party (Georgia Landrus) when submitted to the Division of <br />Minerals and Geolog~~. The water quality monitoring plan must include a plan for collection of <br />baseline or ambient water guality samples, sped the water quality parameters to be monitored, <br />specify a point of compliance, specify the freguency of monitoring and reportutg [o the Division, and <br />specify a mitigation plena itt the event of an exceedence of a water quality parameter. <br />