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Page 2 <br />These potholes are not consistent with the post mining topography approved in the permit and need to be <br />repaired. WFC is currently working with DRMS on a plan to repair the potholes. The following rules <br />should be considered when creating a plan. Rule 4.15.7(5)(d) states that leveling is considered a normal <br />husbandry practice for an alfalfa or grass hay cropland. For the potholes that can be repaired by only <br />having topsoil added, it will be considered leveling and will not reset the liability clock. For the potholes <br />that need to have the topsoil removed, overburden filled in and the topsoil replaced, it will be considered <br />a repair. Rule 4.15.7(5)(a) allows for up to 5% of the acreage initially revegetated during any one year <br />to be repaired without reinitiating the liability clock. <br />4. On the north facing slope of the WFC/Benson property between ponds 9 and 12, many rills and a few <br />gullies have formed. The soil stability of this area needs to be addressed and repaired. Rule 4.15.7(5)(a) <br />allows for up to 5% of the acreage initially revegetated during any one year to be repaired without <br />reinitiating the liability clock. <br />Please update the SEDCAD demonstration that was submitted in the SL -15 application to address the <br />disturbances created by the pothole and rill/gully repairs. <br />If you have any questions or need additional information, please contact me at (303) 866-3567 ext 8142. <br />Sincerely, <br />4a4--L <br />Brock Bowles <br />Environmental Protection Specialist <br />brock.bowles@state.co.us <br />