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8. The Applicant has submitted `Letters of Understanding' that were provided to owners of <br />significant, valuable and permanent man-made structures that are located within 200 feet of <br />the proposed affected land. Rule 6.4.19(a) states the Applicant may provide notarized <br />agreements between the Applicant and the person(s) having an interest in the structure, that <br />the Applicant is to provide compensation for any damage to the structure. The `Letters of <br />Understanding' were not notarized nor did they contain any provisions relating to <br />compensation in the event a structure is damaged. Therefore, the Division cannot accept <br />these documents as proof of compliance with Rule 6.4.19. Please note that the Applicant <br />must attempt to obtain damage waiver agreements with structure owners prior to the <br />Division's consideration of an engineering evaluation. <br />9. The Applicant has indicated that an agreement to relocate the gas lines in Tract A is pending. <br />Without an actual agreement in place, the Division cannot approve the Reclamation Permit in <br />its current form. The Applicant may submit an alternative Mining and Reclamation Plan that <br />accounts for the existing gas lines. When an agreement with owner of the gas lines is <br />finalized, the Applicant may file a Technical Revision to address the relocation of the gas <br />lines. Please commit to maintaining a 200 hundred foot buffer around the gas lines until an <br />agreement is reached. In addition, please illustrate the 200 foot buffer on all of the maps. <br />6.4.5 Exhibit E - Reclamation Plan <br />10. The Applicant states the post-mining land use will include industrial/commercial, general <br />agriculture, and residential. Rule 6.4.5(b) states in those instances where the post-mining land <br />use is for industrial, residential, or commercial purposes, appropriate evidence supporting <br />such reasonable assurance shall be submitted. As the Applicant noted, the `reasonable <br />assurance' portion of the regulation is intended to demonstrate that revegetation is not <br />necessary for the portions of the permit area that will have post-mining land uses of <br />residential, commercial, or industrial. The Applicant has not provided the Division with such <br />reasonable assurance of the proposed post-mining land use. As a result, the Division will <br />have to bond for the revegetation of all affected lands above the anticipated final water level. <br />Please note that prior to final release, the Operator must demonstrate that any buildings or <br />structures placed on affected land during extraction operations conform to local building and <br />zoning codes and are compatible with the postmining land uses per C.R.S. 34-32.5-116(4)(r). <br />6.4.7 Exhibit G - Water Information <br />11. The Applicant has indicated that a potential cone of depression extending 1,000 feet from the <br />pit may result from dewatering activities. Please submit records for all wells that occur <br />within 1,000 feet of the affected land and include the depths to groundwater. <br />12. The Applicant suggests possible mitigation measures to be used in the event drawdown <br />occurs. The Applicant must be specific as to what trigger points will signal the <br />commencement of mitigation, should drawdown occur in the monitoring wells. In addition, <br />please specify the mitigation measures that will be implemented once the trigger points are <br />reached.