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in the approval: SNDUlation No. 3 Prior to discharge to the west through the two concrete box culverts or other culverts under US Hwy 85 owned and operated by CDOT, the applicant will demonstrate that the culverts can handle the flows from any lawful use by the applicant and that US Hwy 85 will not be negatively impacted. The applicant must obtain written consent from CDOT to discharge mine water into the culverts under US Hwy 85 prior to discharge into those culverts. Apalication Exhibit S -Permanent Man-Made Structures: 13. "The applicant has made an untrue statement: "All significant man-made structures within 200 feet of the application have been identified in this application." We have a barn in which we board horses that is within 10 feet of the mine excavation boundary. Our home and 3-car garage is well within the 200-foot boundary sitting at approximately 150 feet of the mine excavation boundary. SW TKO has not performed the required stability studies on these man-made structures." (Georgia and Jerry Landrus; March 6, 2005). Division of Minerals and Geology (DMG) Response- The Existing Conditions Map, the Mining Plan Map and the Reclamation Plan Map depict the location of the barn, home and three-caz garage in relation to the Lupton Lakes property. On April 11, 2005, the applicant revised the Existing Conditions Plan Map (Map 2 of 7) to list the man-made structures owners on the area of affected land and within 200 feet of the affected land. The property line serves as the permit boundary, and the applicant has demonstrated legal right to enter within the permit azea. The Division reviewed the applicant's stability analysis to define a minimum distance between the toe of the mining slope and the adjacent structures. The mining setbacks are established as horizontal distances measured from the toe of the mining slope to the various structures located around the proposed pit. The applicant will maintain an 85-feet mining off-set distance from the toe of the slope to the closest structure on the Georgia and Jeny Landrus property. This distance is depicted on the Mining Plan Map (Sheet 3 of 7). The applicant has addressed the stability of all structures within 200 feet of the affected area as required by Rule 6.4.19. 14. "Information supplied concerning easements states that an existing oil well on the Adams property has a 50-foot easement along US Hwy 85. The maps locate the well and show a gas line running westerly from the well to the property line. The map doesn't indicate where the easement is located. Does the line turn north or south on an easement inside the property line, or does it cross into the CDOT ROW? Will the proposed mining operation cause the pipeline to be relocated? If so, and if it crosses into CDOT ROW, how will the relocation affect CDOT. If the easement is in the affected azea, and if it is left in place, will that increase the buffer between the excavation and the property line?" (Colorado Department of Transportation; March 26, 2005) Division of Minerals and Geology (DMG) Responses- ht the application for a permit, SW TKO Joint Venture committed to not relocating any gas lines until notarized written consent to relocate such stmctures are submitted to the Division. Until the relocation agreement is reached, the applicant must maintain an adequate setback distance to ensure the gas line is protected. In accordance with the foregoing discussion, the issues related to 6.4.19 can be resolved by including the following stipulation in the approval: Stipulation No. 6 The applicant will not mine within ]00 feet of the toe of the slope from the Kerr-McGee gas line until an agreement between Kerr-McGee and the operator for compensation, or to relocate the gas line and associated facilities has been reached and submitted to the Division. Submittal of the agreement and relocation plan for the gas lines and associated facilities must be submitted in the form of a revision to the permit. A copy of the revision shall be forwarded to the Colorado Department of Transportation (CDOT) when submitted to the Division of Minerals and Geology.