2008-05-01_REVISION - M1973007SG (5)

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MINING PLAN is this water that is being treated for solvent contamination in the remediation program. Furthermore, examination of the sand layers seems to indicate water flow from the north and east. At this time, the main channel that would become Fountain Creek may have shifted further to the west where more recent gravel layers are found a short distance under the surface on the hills west of the current course of Fountain Creek. Below this gravel deposit appears to be an additional gravel layer separated from the upper gravel by another clay seam. Below these lower gravel layers is the Pierre Shale which forms a true bedrock. But the effects of the shale on the overlying sands and gravels only reaches into the lowest layers of the entire sand and gravel deposit and does not extend up into the sands mined in this operation. Pierre Shale probably is found under this sand deposit at depths in excess of 100 to 130 feet. The bottom of the Pierre Shale is hundreds or even thousands of feet under the surface, likely well below sea level. BOUNDARY DEFINITIONS PERMIT BOUNDARY: In many areas the permit boundary for this amendment is at the same location it was after the 1992 amendment. But, due to the acquisition of some new lands and the alteration of the mining and reclamation plans made possible by these new land acquisitions, the permit boundary in other areas differs considerably from the previous boundary. First, the permit boundary is intended to include all expected disturbances that directly result from the mining operation. It also includes land that was previously disturbed and was not removed by separate actions (e.g. processing plant deletion). Second, in some areas the permit boundary includes some land that is not expected to be affected. In those cases, the boundary is placed where it is easy to identify and describe and generally follows property or lease boundaries, often marked by fences. In the northwest corner of the permitted land east of Academy Boulevard an unusual situation exists regarding the permit boundary. Examining the maps (Exhibit C-1) shows that the current permit boundary includes a portion of the land that will become highway after the highway construction begins. It is labeled Special Overlap Zone. At this time, the permit boundary must remain as shown on the maps-anti as defined in the 1992 amendment. This is because there are disturbances in this area that resulted from the mining operation. Those disturbances are therefore affected land and until reclaimed cannot be removed from the permit. sing T an-, Ma — reclamation-will be the highway;,However, to avoid the operator becoming responsible for the AcfL highway, at some point in time the permit boundary must be shifted south to the southern highway right of way. As the highway has not begun construction, this cannot occur at this time. Exhibit C-1 shows approximately where the permit boundary would be set once the highway construction begins, Daniels Sand Pit Amendment (2008) Exhibit D Page 4 of 28