2018-05-15_REVISION - C1981008 (15)

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3. Top Soil stockpile needs to be addressed (4.06). The topsoil in question was salvaged during the construction of Pond 007 and was stockpiled in the current location according to Map 2.05.4-9 Topsoil Stockpile Map. San Miguel Power Association (SMPA) was the landowner when Pond 007 was installed and requested that Pond 007 remain as a permanent structure in a letter dated Sept 18, 2002. The request was approved in TR -54 (approved July 30, 2007). The topsoil stockpile is currently in its approved location and there are no requirements under the Regulations of the Colorado Mined Land Reclamation Board that ERMR has any further obligations to relocate the stockpile. 4. Stock pond in NE corner of Lot 3 needs reconstructed (4.05) & (4.16). The stock pond in the NE corner of Lot 3 was the subject of TR -71. ERMR submitted TR -71 with a pond design and a letter of approval from Mr. Goforth. DRMS noted in its review that the location of the proposed stock pond straddled the property line between Mr. Goforth and GW46. DRMS used the property line of record according to the Montrose County Assessor's office. DRMS received comments from GW46 requesting a pond design different than the design submitted. DRMS informed ERMR in an adequacy review letter (March 25, 2016) that a letter was needed from both landowners approving the pond design and location. ERMR then requested that TR -71 be withdrawn. The stock pond in question is noted on the Post Mining Vegetation Landuse Map 2.05.4-5 and needs to be reinstalled by the operator before final bond release. The pond area in question has been removed from the SL -19 application. 5. Cistern was removed to make Pond 007, a replacement needs to be installed (4.05) & (4.16). The NH2 Mine was permitted to install Pond 007 with the approval of PR -2 in 1989. A description of the existing premining conditions/features were documented in the PR -2 application as required by Rule 2.04.3 and vetted during the public comment period as required by Rule 2.07. A review of the NH2 permit, PR -2 findings, comments letters and correspondence with the land owners at the time did not reveal evidence that a cistern existed in the area of Pond 007. The inspection reports of Feb 25, 1993, March 12, 1993 and April 22, 1993 documented the construction of Pond 7 but no reference was made to a cistern being removed. It is possible that a cistern once existed in the area of Pond 7 and was removed by ERMR during the construction of Pond 7 in 1993. Without the documentation that a cistern once existed and was removed, it is not within DRMS' jurisdiction to require ERMR to supply or replace the cistern. 6. Roadway on west side of Pond 007 to the home site needs to be reinstalled (4.15) & (54.16(sic)) (4.16?). New Horizon Mine SL -19 Page 9