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Page 2 of 3 <br />EXHIBIT D - Minin2 Plan (Rule 6.4.4): <br />As submitted section "e)" of the mining plan and the mining plan map state that "no processing of material <br />is planned at the site ". However, section 1)" of the mining plan states that "There could be some processing <br />of the material on- site... ". Please clarify. <br />EXHIBIT E - Reclamation Plan (Rule 6.4.5): <br />No seed mix or seeding rate information has been provided for areas that will require reclamation — please <br />address. <br />Item "d)" of the submitted reclamation plan states that depressions may be left in the drainage in hopes that <br />they would fill with water. Although DRMS has no issue with creating varied topography for wildlife <br />habitat reclamation, the permittee cannot create the "ponds" described or shown on the reclamation map <br />unless they can demonstrate that they will be in compliance with applicable State Engineer's Office (SEO) <br />requirements. Please revise the reclamation plan to remove reference to creating "ponds" or demonstrate <br />that they will comply with SEO requirements. <br />EXHIBIT F - Reclamation Plan Map (Rule 6.4.6): <br />Please remove "pond" text and designations from the reclamation maps unless the permittee can <br />demonstrate that these ponds will be in compliance with applicable State Engineer's office requirements. <br />EXHIBIT L - Reclamation Costs (Rule 6.4.12): <br />DRMS currently holds a bond for the Fryrear Pit #2 site in the amount of $47,000 calculated in 2007. The <br />total disturbed area measured from a June 2013 aerial photo is currently 24 acres, resulting in a current <br />reclamation cost average of $1960 /ac. The inspection conducted by DRMS in November of 2013 also did <br />not observe mining taking place at 3:1 slopes. Therefore, DRMS does not feel that the reclamation estimate <br />provided in this amendment of $9800 is representative of current site conditions. <br />The current $47,000 reclamation bond will remain in effect at this time. In accordance with the phased <br />mining approach proposed in this amendment, additional disturbed area within the new permit area, or <br />surety reduction will not be allowed/approved until either additional bond is posted as necessary to reclaim <br />the proposed additional disturbance, or reclamation of an appropriate portion of the currently disturbed area <br />is completed. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): <br />Please note that roadways and above - ground or underground utilities (if present) within 200 feet of the <br />proposed affected area are considered permanent man -made structures. In accordance with Rule 6.4.19, <br />when mining operations will adversely affect the stability of any significant, valuable and permanent man- <br />made structure located within 200 feet of the affected area, the applicant may either: <br />(a) Provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that 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 <br />mining operation; or <br />Yuma county roads 59 and N are both within 200 feet of the current or proposed affected area. Please <br />provide evidence (such as proof of delivery of certified letter to structure owners) that a notarized agreement <br />between the structure owners (Yuma County) and the applicant was pursued. If an agreement is unable to <br />be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be <br />damaged. <br />