2019-11-01_PERMIT FILE - M2018063

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Environment, Inc. Page 4 Ellicott Sand &Gravel LLC - M-2017-063 Adequacy response 02 armoring the 500 feet of channel bank prior to mining within the agreed upon setback, the DRMS would only need to bond for pit side armoring. Thanks for the suggestion. I had attempted to explain that on page 10 of the Mining Plan text and again on page 1 of the Bank Armoring Plan under the Channel Bank Armoring section. I have revised both areas to better explain what was discussed so that ESG did not have to bond for installation of channel armoring. I think the confusion was in that I included a volume estimate to do the channel side work, when under the scenario it would have already have been completed before mining approaches a point within 400 foot from the channel armoring areas. Map Exhibit C-1 Mining Plan shows that channel bank armoring is done in advance of mining that would reach the final 150 foot buffer line. 6.5 GEOTECHNICAL STABILITY EXHIBIT 23. Geotechnical Stability Exhibit: As no response has been received,this item remains inadequate. As indicated in Comment No. 21, provided all other adequacy issues are addressed, the DRMS will consider a conditional approval of this permit stipulating a geotechnical stability exhibit be submitted via a technical revision and be approved by the DRMS prior to initiating mining. As we have discussed ESG is not able to get the necessary drilling and investigation complete for the Geotechnical Stability Analysis on the banks completed in a timely manner for any Structures not owned by Schubert Ranch (only structure agreement returned) . Ellicott Sand & Gravel proposes to not mine within a minimum of 200 feet from any structure that dose not have a signed agreement until a Geotechnical Stability Analysis can be completed and approved by the Division of Reclamation, Mining and Safety. To this extent I have revised Map Exhibit C-1 - Mining Plan and Map Exhibit F - Reclamation Plan to show a 200 foot setback on the South sides of Stages I and IV and the north sides of Stages II and III along Sanborn Road. Where appropriate I added a 200 foot setback to the east sides of Stages IV and VI along S. Baggett Road. I also revised the Exhibit D - Mining Plan text to note this proposed setback change and provided copies for the file. This is intended proposed delay is to allow ESG to start mining as the Geotechnical Stability Analysis is being prepared. Once we are able to get the Geotechnical Stability Analysis completed ESG will file a Technical Revision that includes the Geotechnical Stability Analysis, and the necessary exhibit changes to revise the setback and allow for mining closer then the 200 foot setback, should the analysis show that is possible. This Technical Revision will include new Mining and Reclamation Plan Map Exhibits.