2019-09-09_PERMIT FILE - M2018063

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Environment, Inc. Page 10 Ellicott Sand&Gravel LLC -M-2017-063 Adequacy response 01 agreement dictating the landowner's desired treatment for each well to be mined thru is filed with the Division. 6.5 GEOTECHNICAL STABILITY EXHIBIT 23. Geotechnical Stability Exhibit: Given the depth of the proposed pits and location within the floodplain, the DRMS requires engineering stability analyses (for both saturated and rapid drawdown conditions —given the highwalls are in the floodplain) for structures (houses, fences, roads, etc.) within 200 feet of the highwall crests. We are in the process of having this report prepared and expect to have it complete and ready for the Division's review in October. If additional issues surface that need to be addresses after this report is completed they will be addressed then. Additional Information Three comment letters were received within the allotted comment period and copies were provided to Ellicott Sand & Gravel LLC. The following information is provided to address the commentors agencies letters. In addition, we will respond to the Division of Water Resources comment letter dated 2/21/19. Office of Archaeology & Historic Preservation (rec. 12/21/18) Thank you for the information and if human remains are found when mining is taking place the El Paso County Sheriff will be contacted. U.S. Army Corps of Engineers (rec. 1/23/19) The letter refers information requests to the Albuquerque District but noted that placing dredged or fill into waters of the US will require a 404 permit. No dredge or fill material will be placed in waters of the US nor will wetlands be impacted, as none exist on the site. All mining and reclamation activities will remain outside the normal flow channel and/or above the ordinary highwater line of both Black Squirrel Creek and Big Spring Creek. We have met with Tony Martinez from the Pueblo office to delineate the OHW and will avoid placing fill or mining in the OHW of Black Squirrel Creek or Big Spring Creek. If a 404 permit is required it will be obtained prior to any activity commencing. El Paso County (rec. 12/26/18) Ellicott Sand & Gravel LLC is working to prepare the necessary local government permits. We met with El Paso County Planning on January 30, 2019 to begin the permitting process. We understand that as part of the County's permitting process that all items they noted will be addressed. A structure agreement for the roads they list was mailed to El Paso County on 11/30/18 and we have not received a response regarding the agreement. There are no State Highways within in 200 feet of the mine.