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of 2 (two) feet above the observed ground water elevation, as required by the stipulation, it is expected <br />the quantity of ground water in the area surrounding the High Line Canal (the Canal) would not be <br />depleted, nor would there be additional seepage losses from the Canal. The Division requires the <br />Applicant to confirm the ground water elevation at this site by installing 3 (three) piezometers at the <br />locations specified on the attached map. The Applicant shall ensure accurate ground water elevation <br />data by providing the Division with reports of these elevations for all 3 (three) piezometers on a <br />monthly basis for at least 5 (five) quarters, and by continuing to submit monthly reports while active <br />mining is occurring. <br />2. Rule 6.4.14 Exhibit N -Source of Legal Right to Enter <br />• Mr. Dan Henrichs, Superintendent of the High Line Canal Company raised the concern of <br />how the proposed operation may affect the stability of the High Line Canal (the Canal). <br />DRMS Response <br />The Applicant has not obtained the required legal right to enter the High Line Canal easement (per <br />Rule 6.4.14). Therefore, the Applicant may not enter the High Line Canal easement for the purposes of <br />mining-related activities. In addition, the proposed bridge that would cross ANYpart of the High Line <br />Canal may not be built, until such time that the Applicant has obtained written legal right-to-enter the <br />Canal easement AND the associated structure agreement OR engineering evaluation. <br />3. Rule 6.4.19 Exhibit S -Permanent Man-made Structures <br />• Mr. Dan Henrichs, Superintendent of the High Line Canal Company raised the concern of <br />how the proposed operation may affect the stability of the High Line Canal (the Canal). <br />DRMS Response <br />Where the mining operation will adversely affect the stability of any significant, valuable and <br />permanent man-made structure located within 200 (two hundred) feet of the affected land the <br />Applicant may either provide an agreement between the Applicant and the structure's interested <br />parties OR the Applicant shall provide an appropriate engineering evaluation. <br />The Applicant has not obtained the required notarized agreement between the Applicant and the <br />person(s) having an interest in the [permanent man-made] structure, [stating] that the Applicant is to <br />provide compensation for any damage to the structure. As stated under the section that follows, the <br />Applicant has not submitted a geotechnical stability exhibit or an engineering evaluation that <br />demonstrates that the structure in question shall not be damaged by activities occurring at the <br />proposed mining operation, either. <br />Therefore, the Applicant shall remain 200 (two hundred) feet from the High Line Canal (the Canal) <br />structure, as specified in the stipulations section of this document. <br />4. Rule 6.5 Geotechnical Stability Exhibit <br />• Mr. Dan Henrichs, Superintendent of the High Line Canal Company raised the concern of <br />how the proposed operation may affect the stability of the High Line Canal (the Canal). <br />3 <br />