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II. ISSUES RAISED BY OBJECTORS: <br />Issues raised by objecting parties are listed below. The Division's response to objection issues follows. <br />Issues are listed under the mle to which they pertain. Issues that the Division believes aze not within the <br />jurisdiction of the Division or Board are listed last. <br />ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD <br />Issues Raised Durine The Public Comment Period <br />1. Has Hall-Irwin provided notarized agreements with Merit Energy Partners III, LP ("Merit") or an <br />appropriate engineering evaluation that demonstrates the gas well structures will no[ be damaged by mining <br />activities? (Rule 6.4.(9} <br />DMG Response -During the pernri[ review process Hall-Irwin has assured [he Division [hat they have <br />been actively pursuing notarized agreements with Merit Energy Partners III, LP and are close to securing <br />such agreements. In lieu of the pending notarized agreements, Hall-Irwin has provided the Division with a <br />stability analysis with conservative soil strength pazameters (inputs) and resulting factors of safety [hat are <br />acceptable to the Division and provide reasonable assurances that the gas wells, pipelines, and other gas <br />structures owned and operated by Merit will not damaged by the proposed mining activities. Hall-Irwin <br />has committed to a minimum setback of 55 feet from all gas lines and setback distances of 75 feet, 150 feet, <br />or 200 feet from other accompanying gas structures to ensure the operational needs of such structures by <br />Merit as well as to protect from damage due to mining. <br />2. Has the Applicant complied with the State Engineer's rules governing injuries to water rights? (Rule <br />3.1.E <br />DMG Response - Hall-Irwin has committed to providing the Division, prior to exposure of groundwater at <br />the site, with verification from the Office of the State Engineer that a temporary substitute supply plan has <br />been approved and a well permit has been issued. Hall-Irwin has also committed to limit the depth of <br />excavation at the site to within two (2) feet of the groundwater surface until [he Office of the State Engineer <br />has approved a temporary substitute supply plan and issued a well permit for the site. It is the Division's <br />position that with these commitments in place the applicant, Hall-Irwin will be in compliance with the State <br />Engineer's roles governing injury to water rights. <br />3. Has the Applicant proposed measures to minimize impacts to the hydrologic balance in the alluvial <br />aquifer beneath the proposed mine site to protect ground water quality and quantity? (Rule 3.1.6) <br />DMG Response - Hall-Irwin has committed to securing an NPDES water discharge permit from the <br />Colorado Department of Health prior to any ofF site discharge. Hall-Irwin has also committed to submittal <br />of a spill containment and countermeasures plan prior to disturbance at the site to ensure protection of <br />groundwater quality against any inadvertent spills or leaks of petroleum products or chemicals used or <br />stored on site. Hall-Irwin will be installing a slurry wall "keyed" into bedrock prior [o excavation of <br />aggregate materials and exposure of groundwater at the site. The purpose of the slurry wall installation is <br />to facilitate creation of three (3) water storage vessels that will meet or exceed the Office of the Slate <br />Engineer's leakage criteria for pemtanent water storage, and to minimize the effects of de-watering and dry <br />mining on the surrounding aquifer. Prior to exposure of groundwater, a temporary substitute supply plan <br />and well permit will be issued by the Office of the Slate Engineer which include provisions for failure of <br />the slurry wall and will assure protection against water loss to adjacent well owners. The applicant has <br />provided a groundwater impact analysis which indicates a 1 foot rise, ie: mounding effect, and a 1 foot <br />drop, ie: shadowing effect, in [he surrounding groundwater level following installation of the slurry wall. <br />Based on this analysis, [he regional groundwater table will not be elevated enough to cause any hydrologic <br />communication and resulting contamination with any animal waste, pesticides, herbicides, or nitrates that <br />