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6.4.7 Exhibit G - Water Information <br />1) Under the exhibit the operator states, "The excavation will occur in the normally dry Sandy <br />Creek that does run when there is heavy rainfall in the area ". It is the Division's <br />understanding that there will be no need to obtain a 404 permit from the Army Corps of <br />Engineers for this project. Please acknowledge. <br />2) Even though the operator has agreed to stay 200 feet from each side of the pipe line, the <br />Division recommends additional measures such as armoring the downstream side of the <br />creek to minimize downcutting and affecting the pipe line. Pleases provide the measures <br />that the operator will take in the downstream side of the gas pipe so down cutting will not <br />compromise the integrity of the pipe line. <br />6.4.19 Exhibit S- Permanent Man -made Structures <br />(a) Where the mining operation will adversely affect the stability of any significant, <br />valuable and permanent man -made structures located within two hundred (200) feet of <br />the affected land, the applicant may either provide a notarized compensation agreement <br />or en engineering study to show the proposed mining plan will not adversely affect the <br />pipe line. <br />(b) Please contact the owners of the pipe line and provide the required notarized <br />agreement. If a notarized agreement cannot be reached the operator will need to submit <br />an engineering evaluation that shows the pipe line will not be impacted by the purposed <br />operation in accordance with Rule 6.4.19 (b). <br />All other exhibits were found to have adequately addressed the Rules and Regulations. <br />Please remember that the decision date for this application is November 30, 2012. As previously <br />mentioned, if you are unable to provide satisfactory response to any inadequacies prior to this date, <br />it will be your responsibility to request an extension of time to allow for continued review of <br />this application. If there are still unresolved issues when the decision date arrives and no <br />extension has been requested, the application will be denied. <br />If you have questions, please contact me at (303) 866 -3567, extension 8129. <br />Sincerely, <br />C,,_) <br />erhan Keffelew <br />Environmental Protection Specialist <br />CC: Tony Waldron <br />Tom Kaldenbach <br />