2019-11-12_REVISION - M2004044 (13)

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w Jared Ebert November 8, 2019 Page 4 of 6 1. The Exhibit C-2 Map indicates actual offset from mining excavation limits to the Brighton Return Flow Ditch is 501 feet. This is not reflective of the proposed mining plan or the applicable geotechnical stability cross sections and figures. Please address this discrepancy. Al Response: We have updated to the table to correct the typo. Please see attached revised Exhibit C. Mined Land Reclamation Board Conditions of Approval 44. The Colorado Mined Land Reclamation Board ("Board") conditionally approved the original permit application for the permit number M-2004-044 for the Tucson South Resource site with five conditions. Please review and address each of the five conditions of approval. Please specifically explain how these conditions are addressed with this Amendment application. If the Applicant believes a condition is no longer applicable, please explain in detail the basis for that assumption. a. Condition No. 1 — If final specifications for construction of the slurry walls differ from the draft specifications, Aggregate Industries will provide DMG a copy of the final version for review, as a technical revision; i. Al Response: The applicant will comply with the condition as stated. ii. DRMS Response: This condition will remain in effect with the approval of AM01. b. Condition No. 2—Aggregate Industries' mining operation will not intersect ground water in Phases 2,3,'and 3A until the DMG has reviewed and accepted the final slurry wall construction report, including quality assurance test results; i. Al Response: The mining cells referenced above are now the East and West mining areas. The applicant will comply with the condition as required. ii. DRMS Response: This condition will remain in effect with the approval of AM01. c. Condition No. 3—Aggregate Industries will not expose ground water to the surface in Phases 1,2,3, or 3A until a copy of a document from the State Engineer's Office proving that it is legal to do so is provided to the DMG; i. Al Response: The applicant is in compliance with the above condition. An approved Temporary Substitute Supply Plan was submitted to the Division to address this condition. ii. DRMS Response: Based on the temporary substitute water supply plan submitted to the Division and the comment letter provided by the Colorado Division of Water Resources regarding AM01, the temporary substitute water supply plan (TSWSP) only covers the 2a acres of exposed groundwater of the pit located in Tract M. Per the DWR's December 12, 2018 comment letter, Al will need to obtain a new TSWSP and Well Permit to expose any additional water beyond the 2 acres. Given this, this condition has not been complied with and will remain in affect with the approval of AM01. Aggregate Industries—WCR,Inc 1687 Cole Blvd Suite 300 Golden,CO 80401