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Mr. Ary and Ms. Bellantoni <br />Page 3 <br />October 7, 2013 <br />features and the difference between the "dash- dot - dot ", "dashed ", "solid ", and "bold <br />solid" boundary lines depicted on Exhibit C. <br />6. Rule 6.4.3(g) requires permanent manmade structures within 200 feet of the permit <br />boundary be located on the Exhibit C map and their respective owners identified. Exhibit <br />F shows overhead power lines in parcels 2 and 4; and a ditch paralleling the southwest <br />permit boundary, continuing into parcels 5 and 6. The Division is aware of fence lines <br />which are also described in Exhibit S of the approved permit. Please show these and <br />other permanent structures on Exhibit C and identify the current owners. If the owners <br />are different than those listed in the approved permit, Exhibit S will require an update as <br />well. <br />6.4.4 EXHIBIT D — Mining Plan <br />7. The current approved mining plan indicates mined material is "excavated in dewatered <br />cells by front -end loaders or scrapers from the pit face, and transported to the operator's <br />processing plant primarily by truck ". The Division's recent inspections indicate <br />conveyors are used to transport a significant portion of the excavated material. Please <br />revise the method of mining to reflect current methods. <br />8. The recent approval of TR -03 allows a maximum area disturbed at one time to 158 acres. <br />Please clarify what the size of any are to be worked at one time and explain how the <br />maximum allowed disturbed area will be limited to 158 acres. <br />9. Pursuant to Rule 6.4.4(e), an approximate timetable to describe the mining operation is <br />required for the purpose of establishing the relationship between mining and reclamation <br />during the different phases of a mining operation. The Division assumes the Operator <br />wishes to implement a phased bonding approach to the required reclamation financial <br />warranty. <br />a. Please confirm the desire for a phased bonding approach. <br />b. Please provide a time table for various phases of the operation, or define events, <br />milestones, etc. so that it is clear to both the Operator and the Division when the <br />reclamation bond needs to be reviewed and increased prior to proceeding with <br />the next phase of the operation. <br />10. The revised mining plan states "Material will be extracted to a false pit floor." This <br />elevation is critical with respect to the reclamation elevation being three feet above <br />groundwater elevation. Please provide some discussion as to how this false floor relates <br />to the prevailing groundwater elevation and the underlying Pierre Shale, and whether or <br />not survey control points will be used to verify elevations. <br />6.4.5 EXHIBIT E — Reclamation Plan <br />The proposed reclamation plan includes both interim and final reclamation measures. <br />However, no time table or discussion as to when either the interim or final reclamation is to <br />begin or end is provided. Pursuant to C.R.S. 34- 32.5- 102(1), "reclamation of land affected <br />by such extraction [of construction materials] are necessary and proper activities that are <br />compatible ". Furthermore, "those persons involved in extraction operations [shall] reclaim <br />land affected so that it may be put to a use beneficial to the people of this state ". In addition, <br />Rule 3.1.3 requires reclamation be completed within five years of the completion of each <br />