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Jared Ebert <br /> September 16,2019 <br /> Page 7 of 11 <br /> a. Condition No. 1 — If final specifications for construction of the slurry walls differ from the draft <br /> specifications, Aggregate Industries will provide DMG a copy of the final version for review, as a <br /> technical revision; <br /> i. Al Response: The applicant will comply with the condition as stated. <br /> ii. DRMS Response: This condition will remain in effect with the approval of AM01. <br /> b. Condition No. 2—Aggregate Industries' mining operation will not intersect ground water in Phases <br /> 2,3,'and 3A until the DMG has reviewed and accepted the final slurry wall construction report, including <br /> quality assurance test results; <br /> i. Al Response: The mining cells referenced above are now the East and West mining areas. The <br /> applicant will comply with the condition as required. <br /> ii. DRMS Response: This condition will remain in effect with the approval of AM01. <br /> c. Condition No. 3—Aggregate Industries will not expose ground water to the surface in Phases 1,2,3, <br /> or 3A until a copy of a document from the State Engineer's Office proving that it is legal to do so is <br /> provided to the DMG; <br /> i. Al Response: The applicant is in compliance with the above condition. An approved Temporary <br /> Substitute Supply Plan was submitted to the Division to address this condition. <br /> ii. DRMS Response: Based on the temporary substitute water supply plan submitted to the Division and <br /> the comment letter provided by the Colorado Division of Water Resources regarding AM01, the <br /> temporary substitute water supply plan (TSWSP) only covers the 2 acres of exposed groundwater of <br /> the pit located in Tract M. Per the DWR's December 12, 2018 comment letter, Al will need to obtain a <br /> new TSWSP and Well Permit to expose any additional water beyond the 2 acres. Given this, this <br /> condition has not been complied with and will remain in affect with the approval of AM01. <br /> Al Response: An updated TSSP is attached. <br /> d. Condition No. 4—Aggregate Industries will not affect land within 200 feet of the Brantner Ditch, <br /> Brighton Ditch, Kerr McGee oil and gas well pipelines and appurtenances or the Union Rural Electric <br /> overhead power line and poles until a notarized agreement between the applicant and the persons <br /> having an interest in the structure(s) that the applicant is to provide compensation for any damage to <br /> the structures) or Aggregate Industries otherwise complies with the requirements of Rule 6.4.19(b) or <br /> (c); and <br /> i. Al Response: The applicant is in compliance with the condition as stated. The application as <br /> amended demonstrates that mining and reclamation activity will not take place within 200' of the <br /> Brantner Ditch. The applicant has submitted agreements the Brighton Ditch Company, Union Rural <br /> Electric (United Power) and Kerr McGee (Great Western). Aggregate Industries will not affect land <br /> within 200' of the Brighton Ditch, Union Rural Electric (United Power) and Kerr McGee facilities until an <br /> Aggregate Industries—WCR,Inc <br /> 1687 Cole Blvd Suite 300 <br /> Golden,CO 80401 <br />