2018-08-20_PERMIT FILE - M2018028

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Colorado division of Reclamation, Mining, and Safety 8/18/2018 Department of Natural Resources 1313 Sherman Street, Room 215 RECEIVED Denver, Colorado 80203 2 p Attn:Tim Cazier, P.E. AUGZola Environmental Protection Specialist Dftol v r gCIA tlpN AFC. Re; Preliminary Adequacy Review; 110(1) Hard Rock Limited Impact Application; El Rancho Bondo; File No. M-2018-028; letter dated 8/9/2018 Dear Mr.Cazier, Tim, Thank you again for the phone discussion on Friday 8/10 concerning our 110(1)permit application. My apologies for not having got back to you sooner this week but I did not get much chance to work on this until late in the week. I did review these items with Tom and we would like to respond to the e-mail/letter you sent 8/9/2018 as follows (our comments in red), including the items we discussed on the phone on Friday 8/10; APPLICATION FORM 1. P. 1, Item 3. The application form requests 0.5 permitted acres. The mine plan map in Exhibit E identifies an area "=90 ft by=54 ft"or about 0.1 acres. The March 2015 Environmental Assessment(EA) included in Exhibit F indicates the affected area will be 0.6 acres. Please clarify how much area is to be affected by the mining activity and provide consistent maps for the affected area. The mine plan map as shown in Exhibit E is accurate for the present excavation at the site, and only 0.1 acres or less will have mining activity("affected area")at any time.We would like to maintain the 0.5 acres noted on the 110(1) permit application as the "permit area", thus allowing us to move the active mine site ("affected area")laterally or further inland from the river bank within the bounds of the "permit area". At no time will the active "affected area"of the operation exceed 0.1 acres within the "permit area". Please reference also the attached map outlining the existing "affected area"and "permit area" (Exhibit E - supplemental drawing). As per our conversation, it is understood that upon permit approval we will mark the boundary corners of the "permit area"with "T" posts or similar landmarks such that the "permit area" can be readily discerned during site inspections. We also understand that areas will not be considered re-claimed until inspected and "signed off' by a representative of the CDRMS subsequently allowing new areas to be explored and mined as part of the 0.1 acre "affected area" limit. This should also comply with the BLM requirements. Please note that the 0.6 acres that is referenced in the BLM's March 2015 EA also states in part "Therefore, the 0.6 acres would not all be disturbed at the same time". GENERAL 2. Proof of newspaper publication of public notice. Pursuant to Rule 1.6.2(1)(g), please provide proof of your publication of public notice in a local newspaper. This must be received by the Division prior to approval of your application. Notice was published in the local newspaper on 7/21/2018, and also sent to the adjacent landowners on 7/20/2018. Copies of the newspaper and certified mail receipts were forwarded to the CDRMS by certified mail on 8/6/2018. 1 believe it was confirmed to have been received at the CDRMS during our discussion on 8/11.