2014-10-21_REVISION - M1988044 (5)

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TR-07 MINING PLAN REQUIREMENT 1: No land may be affected outside the permit boundary without prior approval. Affected Land Definition: Affected land is any land used or disturbed in the course of conducting the mining operation. This includes not only mining areas, but processing areas, stockpiles of various types, and access roads. In general, any disturbance created by the mining operation and its associated activities is affected land. However, land specifically excluded from the permit because it is used for oil and gas facilities is not affected land. In some cases, such facilities are included in the permit because the operator will still be using that land and that use will be compatible with the oil and gas uses. In that case, the operator only assumes responsibility for disturbance the operator creats and assumes no responsibility for impacts due to the oil or gas facility that occurred separately from actions taken by the operator. For example, an oil spill on permitted and/or affected land that occurs independently of any action the operator took that created the oil spill will not be the responsibility of the operator. Unlike permit acreage, affected land acreage will be defined by actual mapped area. Affected land acreage cannot exceed the permit acreage. For that to occur, all land in the permit area would need to be affected and that area would also need to be greater than the described acreage of the permit. Because of the nature of the mining operation, only portions of the permit area will be affected and it is already known that not all of the permit area contains mineable sand. Therefore, affected acreage can never exceed permit acreage. The affected land boundary is defined on the maps and includes all land that may be affected in the course of the operation. Bonding is based upon the total affected land and not the total permitted land. [Very Important Note: To the west of the mining area is a narrow strip of land between the mining area and an adjacent powerline and water line. This strip is 150 feet wide and extends from 50 feet east of the utilities to the mining limit which is 200 feet from the utilities. At this time this strip is not expected to be affected. However, it could be used for stockpiling or for access. If this is needed then, to comply with the setback requirements in the law,PRIOR TO AFFECTING THIS LAND, it will be necessary to obtain an agreement with the owner(s) of the utilities and have that agreement included in the permit by approval by DRMS and/or the MLRB. This will probably require a technical revision.] Bonding Boundaries: This is no longer needed as the bonding boundary is equal to the affected land boundary. REQUIREMENT 2: It is the operator's responsibility to insure that bonding includes all land currently affected and land to be affected in the future. Phasing of the Operation Although the previous plan included two distinct phases, this revised plan developed for TR-07 does not contain phases. The operation is a single unit. Coal Creek Sand Resource Amendment 3 (2005)- M-1988-044 Exhibit D Page 7