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I. OBJECTIONS: <br />The Division received objections from one organization during the initial public comment period, <br />which ended on December3l, 2002. <br />Objector <br />Dated <br />Date Received <br />Ann Lane- Staff Council December 31, 2002 <br />Kerr-McGee Rocky Mountain Corporation <br />II. ISSUES RAISED BY OBJECTORS: <br />December 31, 2002 (Hand Delivered ) <br />Issues raised by objecting parties are listed below, along with the names of the objectors. The Division's <br />response to objection issues follows. Issues are listed under the application exhibit (application section) <br />to which they pertain. Issues not pertaining to a specific application exhibit are listed next. Issues that the <br />Division believes are not within the jurisdiction of the Division or Board are listed last. <br />A. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD AND <br />RAISED DURING THE INITIAL PUBLIC COMMENT PERIOD <br />implication Exhibit D -Mining Plan, and Application Exhibit S -Permanent Man-Made Structures: <br />"Although the plats as submitted to Kerr-McGee do appear to cazve out a small area around Kerr- <br />McGee's Rocky Mountain Coors Gas Unit #2 Well, the plats do not show the proximity of the <br />Applicant's proposed mining operations in relation to such well. Kerr-McGee is concerned that the <br />applicant has not provided an adequate unmined area in its plan to protect the integrity of this <br />existing well or for Kerr-McGee io maintain and service this well in a safe and pmdent manner." <br />(Ann Lane, December 31, 2002) <br />2. "Kerr-McGee is also concerned about the health and safety issues raised by the proposed <br />mining operations. Although mining can occur in a manner compatible with the current and <br />future oil and gas development on these lands, this requires mutual cooperation and <br />coordination during the planning process." <br />(Ann Lane, December 31, 2002) <br />Division of Minerals and Geology (DMG) Responses- <br />The applicant is required bylaw to protect any stmctures located within 200 feet of the affected land <br />(Rule 6.4.19). The statute does not protect structures that have yet to be constmcted, such as future <br />oil and gas wells, nor does it specify a set back distance or a right of way width, as long as the <br />applicant has (a) provided a notarized agreement between the applicant and the person(s) having an <br />