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3. In order for the Division to make an informed determination as to the potential impacts to <br />the hydrologic balance the applicant is required to supply the Division with definitive <br />proof of the seasonal high ground water elevation in one of the following forms: ground <br />water elevation data from nearby surrounding wells, accurate modeling, or the applicant <br />will be required to install piezometers (at locations to be determined) and provide the <br />Division with monthly reports of readings from these piezometers. <br />4. The application states that ground water will not be exposed as a result of the operation. <br />However, comparing the proposed post-mining topography from the application with the <br />Young Report, it was noted that the elevations of the proposed final pit floor, and the <br />projected ground water surface were equal. <br />Rule 6.4.14 Exhibit N- Source of Le ag 1 Right to Enter <br />5. Please demonstrate the applicant's legal right to enter the High Line Canal right-of- <br />ways/easements with respect to bridge construction. <br />Rule 6.4.19 Exhibit S- Permanent Man-Made Structures <br />6. Please provide the agreement in place (or provide written evidence of the applicant's <br />attempts to obtain said agreement) between the Operator and the High Line Canal <br />Company, as mining and reclamation activities appear to occur within 200 feet of this <br />permanent man-made structure. This agreement shall include acknowledgement of the <br />proposed bridge across the High Line Canal and any possible integral and/or <br />functional damage to the Canal as a result of this bridge placement or construction. <br />Thank you for calling our attention to the incorrect citation of the Rule that references the need <br />to file changes and additions to the permit application with the Division and the County Clerk <br />and Recorder. However, please be advised that Rule 1.6.2(2) states "The copy of the permit <br />application, adequacy responses of the applicant, application revisions, and any permit <br />amendment applications placed at the office of the County Clerk or Recorder shall not be <br />recorded, but shall be retained until final agency action, as defined at C.R.S. 24-4-105(14), on <br />said application has occurred, and be available for inspection during such period." Therefore, <br />changes and additions to the permit application must be filed with the Division and the County <br />Clerk and Recorder. <br />If you feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by <br />February 29, 2008 and request for additional time. This must be received no later than the <br />deadline date. <br />If you have any questions, please do not hesitate to call me at 303-866-4179. <br />Sincerely, <br />Deb Z <br />Environmental Protection Specialist <br />cc: Mr. James Bartmess, Centennial State Paving, Inc., 1065 E. Northern Avenue, Pueblo, CO 81001 <br />Tony Waldron, DRMS (via a-mail) <br />2 <br />