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TR-07 MINING PLAN <br /> 4. When a new oil or gas well or other facility, including any oil and gas pipeline, is established <br /> within the permit area it is important to remove from the permit the land affected by that facility, <br /> provided that land will not be used in the future by the mine operator. To accomplish this removal a <br /> prior technical revision provided a process to legally remove that land from the permit and any <br /> obligation by the operator. It is customary for oil and gas lessees to inquire as to whether a new <br /> facility will affect the mining operation and it is customary to not establish such facilities on land <br /> that is being reclaimed until such time as the land is reclaimed and released. <br /> No additional discussion. <br /> 5. Upland Mining- Due to changes in the lease, all future mining will occur in an upland area <br /> that is quite uniform. As there will be no lowland mining, the "Upland" distinction is no longer <br /> needed. <br /> See page 8. <br /> 6. Fuel Storage Requirements - APPLIES TO ALL LOCATIONS: Temporary and more <br /> permanent fuel storage areas must be properly located and protected. <br /> See page 9. <br /> 7. Topsoil removal will occur to the full depth of the topsoil, plus any overburden that may be <br /> considered useful and suitable for a plant growth medium. Topsoil stockpiling will occur at <br /> appropriate locations on land adjacent to the anticipated mining area. <br /> No additional discussion. <br /> 8. Topsoil stockpiling will occur on land adjacent to the anticipated mining area. These stockpiles <br /> will be located where erosion off of the piles will not result in excessive sedimentation into adjacent <br /> drainageways. The stockpiles should be located where a need to relocate the stockpile is minimized <br /> and where replacement of the soil on backfilled land is comparatively easy. <br /> See page 10. <br /> 9. Topsoil stockpiles will be sloped and prepared for protective seeding. The side slopes will not <br /> be steeper than 2:1. <br /> See page 11. <br /> 10. For stockpiles that are in place into a growing season, the stockpile will be monitored to watch <br /> for the growth of noxious weeds. If noxious weeds appear in the stockpile, appropriate action will be <br /> taken to eradicate the noxious weeds. Appropriate action may be the use of herbicides or physical <br /> removal of the plants. Normal"tumbleweed" development (Kochia or Salsola) need not be <br /> controlled unless the growth is so dense that it endangers the success of protection species that have <br /> been planted. <br /> See page 11. <br /> 11. Protective seeding of stockpiles,when needed, will utilize the seed mixture shown in the <br /> "Stockpile Seed Mixture" section of this Mining Plan. All topsoil stockpiles will be placed such that <br /> erosion of the stockpile does not discharge sediment into nearby drainages. <br /> See page 13 for seed mix. <br /> Coal Creek Sand Resource Amendment 3 (2005)- M-1988-044 Exhibit D Page 3 <br />