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4 <br /> Black Mountain Sand Weld LLC <br /> 500 Main St. Suite 1200, Fort Worth,TX 76102 <br /> (817)698-9901 <br /> construction or operation activities.The groundwater monitoring plan, as designed, provides the best <br /> coverage for sampling points while also allowing mining operations to continue unimpeded. However, <br /> the designated parking area and access road will be paved.The fueling location has been designed to <br /> direct flows towards a nearby Settling pond for treatment and recovery of any potential hydrocarbons <br /> or other contaminants.The maintenance bay,where equipment storage will occur, has been designed <br /> with its own self-contained fluid capture system that does not discharge. <br /> • "Bijou understands that BMS will be reclaiming a 'mined block' immediately following the mining <br /> operations in that block. Under these circumstances, it would be appropriate to place a limiting <br /> condition on any permit approval that would require: 1) BMS to establish that its reclamation activities <br /> on the first one or two mining blocks are successful (as confirmed by DRMS prior to BMS initiating any <br /> further mining on the remaining blocks; and 2)that DRMS would need to extend the approval of the <br /> mining permit following its confirmation of the initial reclamation activities before BMS could do any <br /> further mining under the permit."—Colorado's reclamation rules require reclamation is proven <br /> successful through a site inspection conducted by DRMS prior to bond release.This is a state-wide <br /> standard practice for all industries, not just mining. While Black Mountain proposes to incorporate <br /> concurrent reclamation into the mining and reclamation plan, DRMS would still need to confirm <br /> reclamation as successful prior to bond release. Black Mountain's proposed reclamation plan follows <br /> both the State and Weld County guidelines. Concurrent reclamation of the site will allow Black Mountain <br /> to begin reclamation activities as soon as possible at the site.As you state,the proposed mining <br /> activities, and by necessity, reclamation activities will take place for an extended period.This means <br /> Black Mountain is able to monitor vegetation growth and adjust the revegetation activities onsite as <br /> necessary to ensure they are successful. Bonding required by the state also provides a financial incentive <br /> to Black Mountain to ensure revegetation throughout the entire site is successful.A portion of the bond, <br /> as determined by the state, will be held until the entire site has been reclaimed and approved by the <br /> State. Failed reclamation practices would make bond release unfeasible. <br /> • "Bijou would also like to see a condition in any permit approval that requires some type of immediate <br /> protective cover of the topsoil and backfill piles on the mining sites(mats, etc.)while any proposed <br /> vegetative cover is established to ensure stability of the piles from wind erosion.A similar requirement <br /> should be evaluated for the 'sand product' pile that will be maintained at the processing plant.—Black <br /> Mountain has already committed to using State of Colorado and Weld County approved Best <br /> Management Practices(BMPs) recommended for erosion control at the site, including the use of water <br /> for dust suppression and revegetating the topsoil and other long-term stockpiles.The use of mats or <br /> other rolled erosion control materials are primarily designed to assist in the reduction of soil erosion <br /> from steep slopes.The slopes of the long-term stockpiles have been designed not to exceed a 3:1 slope, <br /> a standard slope not requiring additional BMPs other than revegetation.The 3:1 slopes, combined with <br /> wet materials, routine watering for dust control, and the use of permanent vegetation is considered <br /> best management at the site. Additionally,the use of mats or other coverings on the plant feed material <br /> stockpile would inhibit normal operations at the site.The use of as-needed watering constitutes best <br /> dust control technologies for the plant feed stockpile. <br /> • "Any permit approval must include a requirement that BMS obtain all necessary approvals, permits, etc. <br /> before construction and/or mining operations can begin under the mining and reclamation permit."— <br /> State regulations allow for work to begin at the site as long as the necessary permits and approvals are <br /> in place prior to starting that specific work. Black Mountain has already committed in writing to <br />