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Mr. Jared Ebert <br />June 22, 2010 <br />Page 9 <br />7 <br />CIVIL RESOURCES <br />40) Please indicate which structures will be relocated during the mining operation. For each structure to be <br />relocated the applicant must submit a copy of the agreement the applicant has with the owner of the structure <br />giving them permission to relocated the structure. For example, there are numerous gas lines within the permit <br />area. Exhibit C indicates the Operator will mine though and relocated existing gas lines, specifically in mining <br />cell A, B, and C1. Also, there appears to be a tanklequipment located in cell C2 where mining will occur. Does <br />the applicant have agreements with the owners of these gas lines and equipment to be relocated? If not, the <br />Operator will need to obtain these agreements or update the mining and reclamation plan to leave these <br />structures in place prior to the approval of the amendment. Or the applicant can commit to not affecting land <br />within 200 feet of the structure until such an agreement was made. <br />Structures not owned by Gilcrest Reservoir, LLC. are not proposed for removal or relocation other than utility- <br />related improvements. Each utility will be moved by the respective owner(s) of these facilities, not by the <br />applicant. The applicant is finalizing an agreement with Anadarko regarding the oil and gas lines and associated <br />equipment. Xcel has also been contacted and has generally agreed to relocate facilities as requested to <br />facilitate the proposed plan, but will not officially approve the changes until a Construction Application is <br />received. These agreements will be forwarded under separate cover as the project moves forward. <br />41) The applicant submitted an agreement with the Western Mutual Ditch Company in the amendment application. <br />The Division has on file an agreement between the applicant and Xcel energy for road crossings. However no <br />other structure damage reimbursement agreements have been submitted to the Division. For the current mining <br />plan, the operator has defined setbacks they were to maintain from the mine perimeter and structures. Please <br />identify what structures are located on or within 200 feet of the new permit area. For these structures, the <br />operator must.' <br />a) Provide a notarized agreement 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; or <br />b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br />operation. <br />c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the <br />owner(s) of the utility that the mining and reclamation activities, as proposed will have 'no negative effect' on <br />their utility. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure <br />owners and the applicant was pursued. If these agreements cannot be reached, please submit engineering <br />evaluations for the identified structures. <br />Enclosed are reimbursement agreements with DCP Midstream (pipeline), Kerr-McGee (now known as Anadarko <br />- oil and gas facilities), Western Mutual Ditch Company and Weld County (Weld County Roads 38, 36 and 23). <br />Other Issues: <br />42) Enclosed with this review is correspondence from the Colorado Division of Water Resources, the Army Corp of <br />Engineers, and the Office of Archaeology and Historic Preservation in regards to this amendment application. <br />Please address their concems. <br />Army Corps of Engineers <br />As noted previously, we are working with ERO Resources Corporation to determine if there are any jurisdictional <br />wetlands on the property that may be impacted by the construction of the proposed reservoirs/mining operation. <br />If there are any jurisdictional wetlands that will be disturbed, the applicant commits to obtain an US Army Corps <br />of Engineers 404 permit prior to disturbance.