2009-09-01_PERMIT FILE - M2009018 (9)

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subsequent permit revisions or amendments will attend to the conveyor system as it leaves the Heintzelman Project permit boundary. 3. The Applicant submitted a copy of the `Statement of Understanding' sent to owners of significant, valuable and permanent man-made structures that are located within 200 feet of the affected land. A copy of the `Statement of Understanding' was sent to Anadarko; however, the Division could not locate any structure(s) owned by Anadarko on the Extraction Map. Please identify and label the structure owned by Anadarko on all applicable maps. In addition, please locate and label all of the utility structures that are within two hundred feet of the affected land, including overhead power lines and buried utilities. The map was not properly labeled and has been revised. Anadarko acquired Kerr-McGee and is now reflected on the relevant map(s); however, Kerr-McGee Gas Gathering is the entity over all on-site gas lines where they are immediately adjacent to planned extraction activity, as previously indicated. Duke Energy was acquired by DCP Midstream and has lines on adjacent lands to the immediate north, south and east of the project location. Overhead power lines and buried utilities within 200 feet of the affected land were determined by survey. The information from the survey is iterated on Exhibit A - Legal Description Map. The information on Exhibit A is also included in the Exhibit C - Pre- Mining and Mining Plan Maps. Aerial information was needed to portray other features, and overhead power lines and attending survey symbols can be identified on the aerial. Because drawing software is not always compatible, the previously drawn legend had some error in portraying the overhead power line symbols, and this has been corrected. Fence lines are shown, and where not directly marked by a line can be determined from the aerial based information in that it shows the location by the break in the visible vegetation. This is a large area and the identification of structures and properties within 200 feet of the boundary required different exhibits to fully portray them, but all to our understanding are identified to the extent practical. We have relabeled and created a series of Exhibit C-1: Existing Conditions Maps i, ii, and iii; drawn at 1:400; 1:250; and 1:100 foot scales. The 1:400 scale shows area extent and surrounding features. The 1:250 scales shows the 1,000 foot extent from the permit boundary to reflect the area considered for sub-irrigation impacts, and the 1:100 scale shows the 200 foot extent from the permit boundary to better reflect the Office's concern for structures. Each subsequent increase in scale allows for features to be better labeled and represented for these purposes, so we trust it will establish the necessary confidences. In the process of refining the display of information, DCP Midstream was found to service the lines to the Noble Energy facilities outside of the permit boundary in Section 33; and with lines that are just outside of, or barely within the north and south boundaries of the permit boundary. We have revised Exhibit C and sent a notice of intent to conduct mining operations, and a request for a notarized signature on our Letter of Understanding Varra Companies, Inc. correspondence of 1 September 2009 to the Colorado Office of Mined Land 2 Reclamation (Office) in reply to Office correspondence of 27 July 2009 - Heintzelman Project - M2009-018.