2014-10-21_REVISION - M1988044 (5)

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TR-07 MINING PLAN (d) The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems. (NOTE: This definition is derived from Colorado Noxious Weed Act C.R.S. 35-5.5-103(16)) Non-noxious Weed - Generally includes non-native species of plants that grow in high abundance and may temporarily limit the growth of more desirable species through competition for growth resources, but rarely prevent the success of revegetation. Most native species that invade disturbances in abundance are not considered weeds as these species are often important in the process of developing new ecosystems. These native, weed-like species are rarely damaging although they may be unsightly. These natives should never be controlled without good reason. Topsoil - The upper portion of the soil that is usually distinguished as being darker in color than deeper portions of the soil. Overburden - Material between the topsoil and the sand deposit to be mined. For purposes of this permit, this also includes the subsoil component of the soil. Plant Growth Medium - Usually only includes topsoil, but where backfill is limited to only a foot or two and then capped with topsoil, the overburden used in the backfill is part of the plant growth medium. (Note: These definitions are repeated in the Reclamation Plan and are therefore applicable and important to both the Mining and the Reclamation Plans.) LIST OF REQUIREMENTS - 1. No land may be affected outside the permit boundary without prior approval. See page 7. 2. It is the operator's responsibility to insure that bonding includes all land currently affected and to be affected in the future. No additional discussion. 3. No mining or other disturbance that disrupts the surface of the land can occur within 200 feet of existing gas or oil wells, oil or gas pipelines, or water wells or waterlines. Affecting land closer than 200 feet is only allowed after permission is obtained from the well or pipeline owner and the additional disturbance is also approved by the Colorado State Board of Land Commissioners and the Division of Reclamation, Mining and Safety (or Mined Land Reclamation Board). This also applies to overhead power lines with respect to mining but not necessarily other uses of the land in the mining operation. Driving over buried pipelines (oil, gas, or water) will be allowed on established roadways. In the event temporary access roads must be created that cross a buried line, confirmation that driving over the pipeline is safe will be obtained prior to using the access route. Safety with respect to crossing under overhead lines will always be observed. Soil/overburden stockpiles shall not be placed on top of buried pipelines. No additional discussion. Coal Creek Sand Resource Amendment 3 (2005)- M-1988-044 Exhibit D Page 2