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Randy Schafer <br />September 22, 2014 <br />Page 2 of 3 <br />6.4 SPECIFIC EXHIBIT REQUIREMENTS — REGULAR 112 OPERATIONS <br />The following items must be addressed by the applicant in order to satisfy the requirements of C.R.S. 34- 32.5 -101 <br />et seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: <br />6.4.5 Exhibit E — Reclamation Plan <br />In the Application, within Exhibit E Reclamation Plan, it is stated that the reclamation plan remains unchanged <br />from what was approved in 1989. As discussed during the pre - operational inspection, this plan will need to be <br />updated to meet the Division's current standards, policies, and Rules. <br />5. The Reclamation Plan calls for leaving a pond area which could collect rainfall to water livestock. Since it <br />appears that the site will retain storm water for more than 72 hours without releasing it to the natural drainage, <br />please provide documentation that the plan meets the requirements of Rule 3.1.6(1)(a), which is to be in <br />compliance with applicable Colorado water laws and regulations governing injury to existing water right. <br />Please contact the Division of Water Resources for more information. <br />6. Under the requirements of Rule 3.1.5(7), in all cases where a pond is produced as a portion of the <br />Reclamation Plan, all slopes shall be no steeper than 2:1 (horizontal to vertical ratio), except from 5 feet <br />above to 10 feet below the expected water line where slopes shall be no steeper than 3:1. Since the water level <br />is variable (not static), please commit to reclaiming all of the pit's slopes to no steeper than 3:1. <br />7. The proposed reclamation seed mixture is stated to be recommended. Please submit the documentation that <br />shows the Natural Resource Conservation Service (NRCS) recommends that this seed mixture is still <br />adequate for the proposed site and post mining land use or commit to a new seed mixture based on new <br />recommendations. <br />6.4.8 Exhibit H - Wildlife Information <br />8. Please explain or correct the reference of an "intermittent Creek" in the second sentence in Exhibit H of the <br />application. <br />6.4.10 Exhibit J — Vegetation Information <br />9. The Applicant shall include a narrative of the description of present vegetation types, which include <br />quantitative estimates of cover and height for the principal species in each life -form represented (i.e., trees, <br />tall shrubs, low shrubs, grasses, forbs). Please submit a new narrative which adequately describes the present <br />vegetation for the expansion area; in addition, the Applicant may want to contact NRCS in response to this <br />adequacy issue. <br />6.4.14 Exhibit N — Source of Legal Right to Enter <br />10. The Applicant must provide the source of your legal right to enter and initiate a mining operation on the affected <br />land. Within the Application, it states that there is a verbal agreement between the county and the landowner; <br />this is not acceptable to the Division as required by Rule 6.4.14.; please provide a signed and notarized <br />statement by the Landowner stating the Operator /Applicant has legal right to enter and mine. <br />