2018-05-30_PERMIT FILE - M2017032

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Deep Cut LLC - 22 West Pit Page 15 Adequacy response 01 Permit # M-2017-032 i. Costs for backfilling the post-1981 exposed groundwater to two feet above static water level will be required if the applicant is unable to provide a letter from the SEO demonstrating the appropriate amount of water shares have been committed for augmentation. In this case, the applicant will need to submit additional information in this exhibit, including source of backfill material,push or haul distance for transporting backfill material to reclamation areas, and estimated volume of backfill material required. To be adequately bonded for commencement of the first mining phase where the ponds are connected,the applicant would need to provide costs for backfilling the additional groundwater exposure. There is no need for this calculation at this time. A SWSP was filed on 5/2/2018 to cover the post 1981 water in the 22 West Pit. A copy is provided to the Division. We expect to have the SWSP approved before it takes affect on August 1, 2018. At the current time the lake area is covered by a Valco, Inc, Well Permit - Number 10525F-R and the associated Substitute Water Supply Plan that expires on July 31, 2018. Exhibit M —Other Permits and Licenses (Rule 6.4.13): 36) In the list provided on page 64 of the application, Item no. 3 states that only a well permit and Substitute Water Supply Plan will be obtained to cover the post-1981 exposed groundwater. However, the Division will require a water court approved augmentation plan be obtained to cover all exposed groundwater on site prior to final release. Please revise this item accordingly. Text was added to Item 3 as you suggest. A revised copy has been provided for the file. Exhibit S— Permanent Man-Made Structures (Rule 6.4.19): 37) Please be sure all water wells located within 200 feet of the proposed affected land boundary (identified in Exhibit G) are included in the structure list. All water wells have been verbified and are shown on all maps. There is only one well not owned by the current landowner. Exhibit S was revised to add the Valco Well that was missing. 38) Please be sure all structures and structure owners identified in this exhibit are clearly labeled on an Exhibit C map. The Division was unable to locate all identified structures on the Exhibit C maps submitted. All structures within 200 feet of the permit line have been verified and labeled on the revised C maps. Items 39 thru 43 concern the Divisions decision to declare the signed structure agreement as unacceptable due to incorrect dates. We know that the date changes were made by the respective notaries even if they failed to initial each change Mr. Tomky recognizes them as valid agreements. The affected structure owners are being given the opportunity to correct the problems and if any chose to make the revisions a copy of the revised agreements will be sent to the Division for the file. Mr. Tomky is working to obtained corrected structure agreements for Valco (39) a new Agreement was completed to add the missing well; getting Mr. Tomky's notary to correct the date for his signature on the Southeast Power Association (41) agreement and have the