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Michael Miller <br />February 4, 2015 <br />Page 2 of 2 <br />maximum allowable length of 1.5:1 slope, some of the quantities utilized for this calculation differ from those <br />provided. For this estimate, DRMS assumed that the largest phase of the mine (approx 40 ac) would need to have <br />topsoil replaced and reseeded, and that the majority of the 1.5:1 slope length on the east side of the pit (1400 feet) <br />would need to be re- sloped to 3:1. The reclamation bond required at this time will be $304,600.00. If the permittee <br />wishes to reduce the required bond amount by reducing the maximum allowed un- reclaimed areas /slope length as an <br />enforceable condition of the permit, this will need to be clearly specified in the response to this adequacy letter. The <br />summary sheet for the DRMS calculated bond has been included with this letter for your review. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above - ground or <br />underground utilities (if present) within 200 feet of the proposed affected area are considered permanent man -made <br />structures. In accordance with Rule 6.4.19, when mining operations will adversely affect the stability of any <br />significant, valuable and permanent man-made structure located within 200 feet of the affected area, the applicant <br />may either: <br />a.) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the <br />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 evaluation <br />that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. <br />No documentation has been provided that the applicant has pursued a structure agreement with Weld County _(for <br />County Road 115) or the State Land Board (fences). Please provide evidence (certified letter to structure owners) <br />that a notarized agreement between the structure owners 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 damaged. <br />You must provide information sufficient to demonstrate that the stability of any structures located within two <br />hundred (200) feet of the operation or affected land will not be adversely affected. <br />Additional Information: You will also need to provide the Division with proof of notice to surrounding property <br />owners (as listed in Exhibit O). Any letters from other commenting agencies /entities received by the Division to <br />date have been included with this correspondence for you to review. <br />This concludes the Division's preliminary adequacy review of this application. This letter shall not be construed to <br />mean that there are no other technical deficiencies in your application. Other issues may arise as additional <br />information is supplied. Please remember that the decision date for this amendment application is April 14, 2015. <br />As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it <br />will be your responsibility to request an extension of time to allow for continued review of this application. If there <br />are still unresolved issues when the decision date arrives and no extension has been requested, the application will be <br />denied. If you have any questions, please contact me at (303) 866 -3567 x8140. <br />Sincerely, <br />Eric Scott — Environmental Protection Specialist <br />CC: Greg Lewicki via e-mail <br />Enclosures: Reclamation Bond Summary Sheet <br />