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in the approval: Stipulation 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. Application Exhibit S -Permanent Man-Made Structures: 13. "The applicant has made an untrue statement: "A]] significant man-made structures within 200 feet of the application have been identified in this application." We have a barn in which we boazd horses that is within 10 feet of the mine excavator boundary. Our home and 3-caz garage is well within the 200-foot boundary sitting at approximately 150 feet of the mine excavation boundary. S W 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 gazage 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 azea 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 stmctures. The mining setbacks aze established as horizontal distances measured from the toe of the mining slope to the various structures located azound the proposed pit. The applicant will maintain an 85-feet mining off-set distance from the toe of the slope to the closest stmcture on the Georgia and Jerry Landrns property. This distance is depicted on the Mining Plan Map (Sheet 3 of 7). The applicant has addressed the stability of all stmctures 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 propertyhas 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 tum north or south on an easement inside the property line, or does it cross into the CDOT ROW? Wi]] 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- In the application for apermit, SW TKO Joint Venture committed to not relocating any gas lines until notarized written consent to relocate such structures aze 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 100 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. 15. "There aze severa] setback distances given. Map 3 shows 25 feet. On the same sheet the Typical-Topsoil 7