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John M. Warren <br /> Page 3 of 6 <br /> April 11, 2022 <br /> 6.4.4 EXHIBIT D - Mining Plan <br /> 9. The applicant proposes to affect the entire permit boundary which includes the riparian <br /> area of Lone Tree Creek. However, page 7 of the mining plan indicates a variable buffer <br /> will be implemented to not disturb the creek channel where the riparian area is located. <br /> Please depict this buffer zone area on the Exhibit C mining plan map. <br /> 10. Are there any jurisdictional wetlands located within the permit boundary? If so, please <br /> identify them on the Exhibit C map and please indicate how these areas will be protected <br /> from impact from the mining and reclamation operation. If these areas will be impacted, <br /> please commit to providing DRMS a copy of the approved 404 permit allowing these <br /> areas to be affected prior to disturbance. <br /> 11. Please explain how the riparian area and stream channel will be protected from erosion <br /> and siltation resulting from excavating up to and through the Lone Tree Creek's <br /> embankment? <br /> 12. Page 5 of the mining plan indicates under the "Land Use" section that the Poudre Valley <br /> REA powerline is located on the edges of the property immediately adjacent to the <br /> proposed permit boundary, based on the C-5 map, it appears this structure is within the <br /> mining limits of the Phase 2 area. Please revise this exhibit to reflect this. <br /> 13. Please specify the range of depth of overburden material that exists at the site. <br /> 14. The Phase 1 mining area is projected to be 102.7 acres in size. The worst case maximum <br /> mining disturbance depicted on the table on page 9 of the application accounts for 28.3 <br /> acres. This acreage difference is not clear, if the active mine area will advance through <br /> the entire first phase with concurrent reclamation, would not the worst case disturbance <br /> occur during the end of mining in Phase 1 with about 102.7 acres affected? Please clarify <br /> or revise this table to reflect 102.7 acres of disturbance. Or, please commit to submitting <br /> a surety increase to cover the liability prior to affecting more than 28.3 acres of land at <br /> any one time. <br /> 15. Please estimate the amount of time that will be required for each phase of the operation. <br /> 16. How will the south mining phase be accessed? If a new or improved road will be used for <br /> the mining operation, please revise Exhibit D and provide the information required by <br /> Rule 6.4.40). If Lone Tree Creek will be crossed, please explain what measures will be <br /> taken to protect the creek channel, and allow for flow. <br /> 6.4.5 EXHIBIT E—Reclamation Plan <br /> 17. The reclamation plan proposes to spread 6 inches of topsoil/overburden over the pit floor <br /> and one foot of growth medium on pit slopes. The long-term success of the revegetation <br />