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RPM,Inc. <br /> disturbed for at least two years, the topsoil stockpiles will be seeded with the approved topsoil <br /> pile seed mix. As mentioned in Items #5 and 47 above,please commit to seeding the topsoil <br /> and overburden stockpiles within 180 days of placement with the proposed topsoil stabilization <br /> seed mix to stabilize and protect the stockpiles from erosion pursuant to Rule 3.1.9. <br /> Response: Please see our response to Question number 5 above. We commit to this provision. <br /> Question 9 The Applicant states in Section 3.1.9(8), any shrubs which need to be removed <br /> will either be taken to an approved landfill or disposed as part of backfill in a dry portion of the <br /> existing mining operation. Rule 1.1(20)states inert material means non-water—soluble and <br /> non putrescible solids. Shrubs are putrescible materials and cannot be used as backfill <br /> material. Please commit to disposal of all putrescible material in an approved landfill. <br /> Response: We commit to only dispose of non-water soluble and non-putrescible solids in the <br /> dry portions of the mining area. We have revised page 33, enclosed. <br /> Item 6.4.13 Exhibit M—Other Permits and Licenses <br /> Question 10: Please commit to providing the Division (with) copies of the approved permits <br /> and licenses required for the operation of the mining operation, including but not limited to the <br /> following permits: <br /> a. Colorado Air Pollution Control Division Fugitive Dust Permit and Air Pollution <br /> Emission Notice (APEN) <br /> b. Colorado Water Quality Control Commission Stormwater Discharge Permit <br /> c. Colorado Water Quality Control Commission, CPDES Permit <br /> d. County of Elbert Special Use Permit <br /> Response: Since it is not certain that all the above permits are required;we will commit to <br /> provide the DRMS copies of any environmental protection type agency permit,to include <br /> Federal, State and local permits. We do not believe it is appropriate to provide non- <br /> environmental protection permits such as driveway permits, building permits, county noise or <br /> visual impact permits, OSHA or MSHA permits, etc. <br /> Item 6.4.18 Exhibit R—Proof of filing with the County Clerk and Recorder: <br /> Question ]]: Please provide an affidavit or receipt indicating the date on which the revised <br /> application information required to address the adequacy letter was placed with the Elbert <br /> County Clerk and Recorder for public review,pursuant to Subparagraph 1.6.2(1)(c). <br /> Response: Attached is a letter to the Elbert County Clerk and Recorder with instructions on <br /> placement of the revised pages into the Conversion Application. We will provide a Certified <br /> Mail receipt for proof of placement with the Elbert County Clerk and Recorder. <br /> Item 6.4.19 Exhibit S—Permanent Man-Made Structures: <br /> Provide a notarized agreement between the Applicant and the person(s) having an interest in <br /> the structure, that the Applicant is to provide compensation for any damage to the structure; or <br /> 6 <br />