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M MW Sorter <br /> V <br /> MW Sorter (Item#38 Response): Josh Voorhis (LISFS) has acknowledged the plan and receipt of the <br /> Notice. Please see attached Appendix B at the end of this letter. <br /> The three other owners have received the updated public notice this week and have been provided tours <br /> of the proposed permit area and have agreed to sign an acknowledgement of the Public Notice. Please <br /> see attached signatures found in Appendix C, D,and E at the end of this letter. <br /> DRMS(Item#4): The Division received comment letters from Colorado Parks and Wildlife (CPW)and the <br /> Division of Water Resources regarding the application. The letters are attached for your review. Please <br /> acknowledge and address any comments noted in the letters and make changes to the application as <br /> necessary. <br /> MW Sorter(Item#4A Response): Please see Exhibit Bwhich captures a-mails between Applicant and CPW <br /> and DWR. CPW will be onsite September 14th for a coordination meeting so that we better understand <br /> how to mitigate impacts to sensitive species. We will reduce activities on the outlying permit area (the <br /> South London Stockpile) in consultation with CPW, to the maximum extent possible during the critical <br /> periods of time identified.We will put extra trucks on the haulage during the non-critical periods to ensure <br /> that the maximum stockpile is available to the project when elk and bighorn are on-site so that ongoing <br /> operations including unavoidable activities such as water treatment pursuant to CDPS Permit CO0038334 <br /> will have the least impact on sensitive populations as possible. <br /> MW Sorter(Item#48 Response): On July 31, 2023 a letter was sent to Elliott Russell from Kate Fuller, <br /> Water Resource Engineer with the Colorado Division of Water Resource(CDWR). This letter provided two <br /> conditions for approval: <br /> 1.) Exposure of groundwater must not occur, <br /> 2.) Stormwater runoff intercepted by this operation must be released within 72 hours. <br /> No excavation below native soil is planned to occur during the remediation process, so exposure of <br /> groundwater will not occur. Also, design of the stormwater system provides for upgradient diversion of <br /> all tributary water, except that which falls into the immediate excavation / disturbance areas. Any <br /> precipitation that does fall in the Affected Lands Area will be contained and infiltrated within 72 hours <br /> behind berms at the down-gradient edge of the excavation areas. <br /> EXHIBIT B—Site Description(Rule 6.3.2): <br /> DRMS(Item#5): Exhibit B does not provide information regarding permanent man-made structures as <br /> required by Rule 6.3.2(b). Upon review of Exhibit L,the Applicant has identified overhead electric lines near <br /> the Central Extension Area, owned by Public Service Company of Colorado and the Applicant, as well as <br /> County Road 696. During the August 14, 2023 pre-operational inspection, the Division observed an <br /> overhead utility near the north and northeast sides of the South London Stockpile Area and numerous <br /> structures near the Central Extension and Sorting Plant Area that are not accounted for in the permit. <br /> Please revise Exhibit B, an Exhibit E Map, and Exhibit L to comply with Rules 6.3.2(b), 6.3.5(1)(b), 6.3.12, <br /> respectively,for all structures within 200 feet of the affected lands. <br /> MW Sorter (Item#5 Response): Exhibit B has been updated to describe all permanent man-made <br /> structures, including existing buildings, power lines,and buried pipelines that exist within and up to 200' <br /> of the designated areas. Exhibit E Current Conditions Map has been updated to show the current <br /> placement of existing buildings, power lines, buried pipelines within and up to 200' of the designated <br /> 3 1 P a g e <br />