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EXHIBITS TO TECHNICAL REVISION FOR M2011-014 SCHMIDT SITE TR#1 NOVEMBER 2018 PAGE 1 <br /> EXHIBIT 1 INTRODUCTION <br /> Reference:Consent Order. <br /> This exhibit provides additional and more detailed information on the actions taken and proposed to <br /> ensure compliance with regulations and to clarify the original application. <br /> 1. Storm water control measures(best management practices) are shown on Exhibit 2. These <br /> include regrading and seeding areas on both the east and west permit boundaries(property <br /> lines),to provide a combination of small berms,swales(both armored with rock and in soil), <br /> rock check dams,and detention and retention sedimentation basins,to control runoff, prevent <br /> runoff of water off the property,and prevent runon of water from adjacent properties. Due to <br /> the small area and the steep slopes,the control measures are intentionally oversized. Standard <br /> inspections after rainfall and during snowmelt will be done,followed by necessary repair and <br /> maintenance. In addition to care taken to prevent any off-site impacts,care is taken to ensure <br /> that erosion and sediment do not impact on the electrical pole located on-site.The exact shape <br /> and size of water control measures will change in response to inspections. <br /> 2. Seeding of areas disturbed in road-building and removing soil which had been pushed across the <br /> property/permit boundary was completed by September to take advantage of Fall rains. This <br /> work is documented by photos and videos,which are available upon request.Additional areas <br /> where there were bare slopes not planned for future disturbance were also seeded. <br /> 3. The information submitted in the original application regarding construction of retaining walls <br /> using tires and rocks remains current, and is now supplemented by information submitted to <br /> CDPHE for use of tirebales,as a retaining wall along the northeast edge of the property. The <br /> wall will initially be about 70 feet long,within 15 feet of the property/permit boundary, and <br /> range from 2.5 to 20 feet in height, using tire bales, backfilled with placed rock,with water <br /> drainage through the placed rock protected by geofabric. This is being reviewed by the County, <br /> which has not yet made a decision regarding their approval of the site plan for mining and <br /> reclamation performed in 2014.Any work on this must be delayed until county issues are <br /> resolved. If the County does not allow the retaining wall to be built within 25 feet of the <br /> property boundary(as measured from the back of the tires/tirebales,the entire alignment of <br /> the existing(and pre-existing)access road onto the property,and location of other retaining <br /> walls will be required to be changed,although the changes(though expensive,are relatively <br /> minor). Otherwise mining and reclamation will proceed as originally planned. <br /> 4. Requests for indemnity agreements were given to both the neighbor to the east(the neighbors <br /> to the north,west and south have no significant manmade structures)and to La Plata Electric <br /> Association,which owns the power pylon("pole") located on the property in a non-exclusive <br /> right-of-way. The eastern neighbor(Susan Moak) has refused to sign any agreement(the <br /> County also requested she sign an agreement regarding the retaining walls within 25 feet of her <br /> property). La Plata Electric Company provided information, requiring that there be no <br /> excavation within 15 feet of the power structure and ensuring access to the structure is <br /> constantly maintained, but has not agreed to sign an indemnity agreement or other letter. <br /> Negotiations continue. <br />