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Kym A. Schure <br />April 28, 2014 <br />Page 2 of 5 <br />6.4 SPECIFIC EXHIBIT REQUIREMENTS — REGULAR 112 OPERATIONS <br />The following items must be addressed by the Operator 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 />EXHIBIT D - Mining Plan (Rule 6.4.4): <br />5. In accordance with Rule 6.4.4(e), please provide a description of the size for each tract as proposed in the <br />mining plan. <br />6. The Operator states the Division will be notified as new tracts are opened. If the Operator intends to operate <br />as a phased mining/bonding approach, please commit to contacting the Division for approval prior to <br />disturbing any new tracts. The request shall include the estimated reclamation costs that would be required for <br />opening the additional tract. The Division will review and calculate a new Finical Warranty amount, issuing a <br />Surety Increase revision, as necessary; once the additional amount is posted the Operator will be approved for <br />the new tract. <br />** *Please note that the Operator may, at any point throughout the life of the mining operation, request a <br />Surety Reduction for completed reclamation tasks or an Acreage Reduction for portions of the permit that <br />have achieved final reclamation. * ** <br />7. In accordance with Rule 6.4.4(g)(ii), please state the nature of the stratum immediately beneath the material to <br />be mined. <br />8. Please further clarify and describe the screening process as described in the mining plan. <br />9. During the October 6, 2014 inspection of the site, the Division observed a large stockpile, approximately <br />7,000 CY, of material which had been imported to the site from a nearby highway construction project; this <br />material was planned to be blended with the sand/clay mined at the site to make foundation fill. If the <br />Operator intends to continue this practice of importing off -site material to blend with the material mined at the <br />site to make a better product, further clarification is needed; additionally within this clarification, the Operator <br />should include a description of an estimated volume per year of imported material, and a signed affidavit <br />stating that the material will not be backfilled as a part of the site's reclamation (if the Operator intends to <br />backfill this material, an Inert Fill Notice will be required). <br />EXHIBIT E - Reclamation Plan (Rule 6.4.5): <br />10. The primary post - mining land use selected on page 4 of the application is Residential while the Exhibit E <br />Reclamation Plan describes the site of being returned to a dryland pasture (would be indicated as Pastureland <br />on page 4); please clarify this discrepancy and update the application, as necessary. <br />11. Throughout the application the Operator states that the Tract 6 area will encompass a previously disturbed <br />area in the adjacent Colorado Department of Transportation (CDOT) Dollerschell Pit (M- 1979 -160) and the <br />Operator will not be responsible for reclaiming this area unless it is disturbed by the proposed future <br />activities. Please be aware that when this conversion application is approved, CDOT can submit an acreage <br />reduction for the overlapped area because this area will be covered under the M- 1986 -074 reclamation permit. <br />If the Operator decides not to disturb Track 6 as proposed, the Operator will still be responsible for <br />maintaining this previously disturbed area by having the slope free of excessive erosion and noxious weeds, <br />and is adequately vegetated with the desired seed mixture at the time of any future release requests. The <br />Operator will not be required to achieve the 3H:1 V slope in this area if left undisturbed though. <br />