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DRMS Response <br />To date, the Division has received, neither written documentation of the Applicant's legal right to enter <br />the Canal easement, nor the required structure liability agreement. In lieu of the required liability <br />agreement, the Applicant had the option to submit either a geotechnical stability exhibit or an <br />engineering evaluation that clearly demonstrates that the structure in question shall not be damaged by <br />activities occurring at the proposed mining operation. <br />To date the Division has not received a verifiable structure analysis substantiating the stability of the <br />High Line Canal with mining activities taking place within 200 (two hundred) feet of this structure (per <br />Rule 6.5(2)). Therefore, the Applicant shall remain 200 (two hundred) feet from the High Line Canal <br />(the Canal) structure, as defined in the stipulations section of this document. <br />B. ISSUES RAISED DURING THE COMMENT PERIOD THAT THE DIVISION <br />BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />NONE <br />III. DIVISION RECOMMENDATION <br />It is the Division's determination that, given the Applicant's compliance with the following stipulations <br />for approval, the Applicant will have fulfilled all of the requirements for approval of a reclamation <br />permit for the Pheasant Run Gravel Pit. The Division, therefore, recommends that the permit for the site <br />be approved, conditionally, upon compliance with the following stipulations. <br />Stipulations for Approval: <br />1. All activities shall be maintained at a minimum of 2 (two) feet above the observed ground <br />water elevation. <br />2. To corroborate the ground water elevation at this site, the Applicant shall install 3 (three) <br />piezometers at the locations specified on the attached map. <br />a. Ground water elevation data will be collected and reported to the Division on a <br />monthly basis for a113 (three) piezometers. This reporting will be required for 5 (five) <br />quarters (equaling fifteen monthly reports) from the permit issuance date and <br />continuing on a monthly basis during such time as the site is being actively mined. <br />b. The Division requires written notice from the Applicant upon well (piezometer) <br />installation completion, including the depth of the well installation. <br />3. No bridge shall be built on the approved permit boundary that crosses ANYpart of the High <br />Line Canal until such time as the Applicant has obtained written legal right-to-enter the Canal <br />easement. <br />4. The Applicant shall remain 200 (two hundred) feet from the High Line Canal (the Canal) <br />structure. For the Division's purposes this 200 (two hundred) feet shall be defined as follows: <br />a. On the portion of the pit that lies NORTH of the High Line Canal: 200 (two hundred) <br />feet from the toe ofANY slope associated with the Canal's construction. <br />b. On the portion of the pit that lies SOUTH of the High Line Canal: 200 (two hundred) <br />feet from the southern inside bank of the Canal. <br />5. Prior to permit issuance the Division requires submittal of revised maps reflecting the <br />acknowledgement of all above stipulations including, but not limited to the required offset to <br />the High Line Canal, proposed well installation locations, and documenting the removal of any <br />and all canal crossing structures. <br />4 <br />