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Mr. Lewicki <br />Page 2 <br />September 4, 2015 <br />at the approximate height of the river banks. The freshwater line should be set at an elevation <br />above the high water mark for the 100 year flood event. Please specify if the water line will <br />remain at its current height or if it will be suspended at a higher elevation. If it will be raised <br />from its current height, then specify the timing of raising the fresh water line and describe in <br />detail how the fresh water line will be secured above the river. If the water line will remain at <br />its current height, then specify how the Operator will ensure that the water line does not wash <br />downstream during a flood event. <br />4. In the Applicant's response to the objection letters dated August 6, 2015, Item No. 2 states in <br />part that the mining slope will be 3H:1 V. This contradicts the proposed Mining Plan which <br />calls for mining slopes at 2.5H:1 V. Please clarify if the mining slope will be 2.5H:1 V or <br />3H:1 V. <br />5. The Mining Plan calls for backfilling the existing highwall within Mining Area 4 to a final <br />grade of 3H:1 V. Please confirm that the highwall will not be mined through, but will only be <br />backfilled at the completion of mining. If the highwall will not be mined through, then please <br />identify the limit of mining to the south of the highwall and depict the limit of mining on the <br />Mining Plan Map. <br />6. The Mining Plan calls for relocating the Platte City Ditch (Ditch) which bisects the portion of <br />the permit area which lies to the south of the Middle Fork of the South Platte River. The <br />Applicant has stated that the owner of the Ditch cannot be identified and has provided a plan <br />for relocating the Ditch. If the owners of the Ditch cannot be identified so that damage <br />waivers can be provided to them, then you may provide the downstream users of the Ditch <br />with damage waivers. If the Applicant is unable to obtain damage waivers from the <br />downstream users, then the Applicant can revert to an engineering analysis to demonstrate <br />the structure will not be adversely impacted. <br />Alternately, the Applicant may address the relocation of the Ditch under a subsequent <br />Technical Revision if the remaining review period does not allow for enough time to attempt <br />to obtain damage waivers from the downstream users. If the Applicant chooses to not pursue <br />relocation of the Ditch at this time, then all applicable Exhibits shall be revised to reflect this <br />change. <br />7. Section 5.0 Tree Removal, Topsoil Removal and Stockpiling of the Application states that <br />one acre of tree removal will occur in advance of the topsoil removal operation. The removal <br />of trees from forested areas will eliminate the canopy and greatly increase the potential for <br />soil erosion. Tree removal and topsoil salvage should occur simultaneously or as close to one <br />another as is practical. Please commit to salvaging topsoil immediately after trees are <br />removed from a one acre area. <br />8. The Mining Plan states that no more than 1.64 acres will require topsoil replacement at any <br />given time. The Division has determined the total area requiring topsoil replacement at any <br />