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4. Rule 6.3.4 Exhibit D- Reclamation Plan Please address the following items; <br />• The applicant states that the pit will be used as tail water pit for run off water and providing water <br />from wildlife. Please explain the water rights associated with the capture and storage of the water <br />in the pit. Please also explain how the pit will be lined to hold water and prevent seepeage. <br />• Please state the anticipated depth of topsoil to be replaced on all affected areas. <br />• Please provide a method of weed control that shall be employed for all prohibited noxious weed <br />species, and whenever invasion of a reclaimed azea by other weed species seriously threatens the <br />development of the desired vegetation. <br />5. Rule 6.3.12 Exhibit L-Permanent Man-Made Structures <br />The applicant states that there is a gas well and three meter houses within 200' of the affected mining <br />area, and that they would not be affected by mining activity. Please state the proximity from the pit to <br />the structures, and also address the location of any gas lines in the area. Tn order to mine within 200' <br />of a permanent man-made structure, the applicant shall do one of the following; <br />provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damage to the structure, or <br />where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities <br />occurring at the mining operation, or <br />where such structure is a ufility, the applicant may supply a notarized letter, on ufility letterhead, <br />from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have <br />"no negative effect' on their utility. <br />Please also ensure that all utility owners (i.e. gas, power, roads) are notified of the application in <br />accordance with Rule 1.6.2(I)(e)(ii), and submit proof in the form of returned receipts or proof of <br />personal services. <br />Please be advised that the Bennett Pit application may be deemed inadequate, and the application may be <br />denied on May 13, 2007 unless the above mentioned adequacy review items are addressed to the <br />satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant <br />an extension to the decision date. This will be done upon receipt of a written waiver of your right to a <br />decision by May 13, 2007 and request for additional time. This must be received no later than the <br />deadline date. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />' cerely, ~ 1 <br />Erica Crosby <br />Environmental Protection S ialist <br />cc: Cazl Mount; DRMS <br />Randy Schafer <br />