2019-07-09_REVISION - M2004044 (30)

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Jared Ebert July 8, 2019 Page 9 of 18 26. Please commit to submitting the results of the nest surveys to be completed prior to the first year of construction during the winter months for the two potential raptor nests identified. Please add a section to Exhibit H that specifically addresses this commitment. The following text has been added to Section 3.2 of Exhibit H: "Nest surveys will be completed prior to the first year of construction during the winter months prior to leaf-out of trees in the Project. Results of the nest surveys will be provided to the DRMS." Rule 6.4.10, Exhibit J-Vegetation Information 27. Exhibit J consists only of the wetland delineation report. The majority of the information required by this exhibit is covered in the BRIR included in the Exhibit H, Please add a cover page to this exhibit directing readers to Exhibit H and the BRIR document for the information required by Exhibit J. The cover page has been added to exhibit J directing readers to Exhibit H and the BRIR document for the information required by Exhibit J. The information required by Exhibit J is included in Sections 2.2.2.4, 2.2.2.5, and Figure 3 of Exhibit H. 28. The Wetland delineation report identified at least three potential sites that may qualify as "Jurisdictional" in accordance with the United State Army Corps of Engineers ("USACE") requirements. The report indicates the Applicant will likely need to obtain the proper permit from the USACE prior to affecting these features. Please address the following: a. Add a buffer zone around all the wetland features identified by the Applicant on the appropriate Exhibit C map(s). Please commit to not affecting this buffer zone area until approval from the USACE is granted. Please add language to the mining plan to reflect this requirement. A buffer zone has been added around all the delineated features within the mining excavation limits on Exhibits C2 through C5. The buffer width is proportional to the planned depth of mining surrounding the delineated features. Note 16 has been added to Exhibit C-1 to state that wetlands buffer shall not be disturbed until USACE authorization has been obtained. b. Please commit to submitting documentation to the Division prior to affecting lands designated as "Jurisdictional Wetlands" by the USACE. Aggregate Industries will obtain authorization from the USACE to impact delineated features in the Project area. Aggregate Industries will provide this documentation to the DRMS prior to impacting any delineated feature in the Project area. c. Also please submit documentation that the wetlands the Applicant believes are not jurisdictional qualify for this designation. Aggregate Industries will obtain authorization from the USACE to impact delineated features in the Project area. Aggregate Industries will provide this documentation to the DRMS prior to impacting any delineated feature in the Project area. Rule 6.4.12, Exhibit L— Reclamation Cost Estimate Aggregate Industries—WCR,Inc 1687 Cole Blvd Suite 300 Golden,CO 80401