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`ti'e acknowledge receipt of comment letters from History Colorado, the Division of Water <br /> Resources, and the Colorado Parks and Wildlife. We understand their requirements. No <br /> changes appear to be necessary, to the application. <br /> 3. The Division has attached the new Performance Warranty form which is required to be <br /> filled out, notarized, and returned prior to permit issuance. <br /> The signed Performance Warranty is attached. <br /> EXHIBIT D - Mining Plan (Rule 6.4.4): <br /> 4. The Exhibit D Mining Plan states that the NE and SE boundary corners will not be set <br /> until mining efforts finally reach the east end. Rule 3.1.12(2) states that boundaries of the <br /> affected area shall be marked by monuments or other markers that are clearly visible and <br /> adequate to delineate such boundaries, however, Rule 3.1.12(2)(c) states the Operator can <br /> submit an alternative plan for identifying the boundaries of the affected land. Please <br /> either commit to marking the boundary of the affected land or submit an alternative plan <br /> for the Division to accept. <br /> The new NE and SE boundary corners have been set. They are clearly visible and <br /> adequate to delineate boundaries. We do have gps coordinates on the corners. Because the <br /> landowner wants to continue farming that portion not affected by mining operations, those <br /> corners could easily be farmed over and removed. As the county pushes east and opens a <br /> new area, we will mark the eastern most reaches with stakes, knowing those will be moved <br /> east with each new area until we reach the true NE and SE corners. We will then re- <br /> establish the true corners, using our known gps coordinates, as we reach the farthest <br /> eastern part of the pit. <br /> 5. Pursuant to C.R.S. 34-32.5-116(4)0), please describe how the affected lands will be <br /> stabilized and protected as to effectively control erosion. Specifically how will lands in <br /> the northwest corner of the site be protected from an erosional head cut similar to the one <br /> identified as a part of Violation No. MV-2016-029. The Division is concerned that there <br /> is a high chance of erosion reoccurring along the flowline of the intermittent Wildhorse <br /> Creek in the Northwest corner of the site because stormwater will be concentrated there <br /> and will flow into down into the depression that the operation has created. <br /> The lands in the northwest corner of the site have been repaired. The county will maintain <br /> small terraces and erosion control straw logs to slow down any flow and mitigate erosion. <br />