2019-07-09_REVISION - M2004044 (30)

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Jared Ebert July 8, 2019 Page 10 of 18 29. The reclamation cost estimate submitted is based on the Applicant's projection of the maximum liability. It is discussed that this will occur at the end of mining in the East cell (Phase 3) area. The cost estimate assumes the Phase 1 area has been backfilled and the slurry wall has been installed around the Phase 2 and 3 area. It is very unlikely the point of maximum liability will occur at the time the applicant proposes. Case in point, the Division currently holds a bond for the site to cover the backfill and grading of the small 3-acre pit located in Tract M area on the north side of the East Area in the amount of$326,040.00 for this disturbance. For the proposed first phase of the operation, the Applicant proposes to mine in the south area and affect 24.3 acres in this area, at this point the pit in the north part of the East Area is still a liability that also needs to be covered under the financial warranty. During the first phase of the operation, the Division would have to have sufficient bond to cover backfilling the exposed groundwater with a minimum of two feet of material above the water table. The Division would have to either excavate enough material on-site to do this activity without exposing additional groundwater or would have to purchase material to backfill the pit. Given this, please submit a cost estimate to complete reclamation assuming the South Area (Phase 1) has been mined and has not been reclaimed. The reclamation cost estimate has been updated based on the assumption that the South Area has been mined and not reclaimed. An updated Exhibit L is attached for your review. Rule 6.4.13, Exhibit M —Other Permits and Licenses 30. Based on a review of the Wetlands Delineation report submitted in Exhibit J, there are likely jurisdictional wetlands within the proposed affected land area. Given this, a Section 404 permit from the USACE will likely need to be obtained prior to affecting jurisdictional wetland areas. Please update Exhibit M to indicate the appropriate USACE Section 404 Permit will be obtained. Exhibit M has been updated to reflect that a USACE Section 404 permit will be obtained, if required by the USACE. Rule 6.4.14, Exhibit N -Source of Legal Right to Enter 31. The Division could not locate the source of legal right to enter Tract F. Please provide a copy of this document. Tract F is owned by Aggregate Industries-WCR, Inc. A copy of the deed for the property is attached. 32. Exhibit N contains a Special Warranty Deed documenting the City of Thornton owns Tract J, however it does not document the Applicant's source of legal right to enter and conduct operations within this tract. Please provide documentation of the applicant's legal right to enter Tract J in accordance with Rule 6.4.14. Aggregate Industries is working with the City of Thornton to obtain the required documentation. We will forward the information upon receipt. Aggregate Industries—WCR,Inc 1687 Cole Blvd Suite 300 Golden,CO 80401