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Mr. Tom Schreiner May 25, 2005 Page 15 19. A plan is required to be submitted as part of the DMG permit application showing how pH, total suspended solids, and oil & gease limits will be met. 20. A containment plan along with identification of specific spill prevention measures to be used must be provided by the applicant showing how compliance with the oil and gease discharge limit for the sedimentation ponds will be ensured. 21. Reclamation is required on all the affected land (NLRB Rules, §6.4.5(2)). 22. The applicant restores the pre-mining wildlife habitat of dense shrubs (200-500+ per acre) and scattered trees as opposed to the proposed strips and patches of gassland with a few trees and shrubs (20 per acre). 23. The revegetation plan is to provide for the geatest probability of success in plant establishment and vegetation development by considering factors such as precipitation, soil texture and fertility, slope stability, appropriate seeding practices, etc. (NLRB Rules, §3.1.10(4). Methods of weed control shall be employed for all prohibited noxious weed species (NLRB Rules, §3.1.10(6)). 24. Additional conditions should include information provided in Ms. Carson's letter dated May 25`h, 2005. 25. The financial warranty is required to be set and maintained at a level which reflects the actual current cost of fulfilling the requirements of the Reclamation Plan (NLRB Rules, §4.2.1(1)). 26. The applicant must obtain approval from Gilpin County prior to constructing a cistern or lined pond. 27. The applicant must obtain an approved Special Use Review Permit from Gilpin Countyprior to initiating any operations. 28. The applicant must submit a statement identifying the permits, licenses, and approvals the applicants holds or will be seeking for the proposed mining and reclamation activities (NLRB Rule, 1.4.1(5) (d)). a. If the applicant fails to provide the information, the application should be denied due to violation of NLRB Rule § 1.4.1(3). 29. The applicant must apply for and receive an approved, valid, Highway Access Permit from the County prior to initiating any operations. 30. The applicant must comply with NLRB Rule §6.3.12 by providing either (a) a notarized ageement between the Applicant and BHCCSD that the Applicant is to provide compensation for any damage to BHCCSD's sanitary sewer line; (b) an appropriate engineering evaluation that BHCCSD's sanitary sewer line will not be damaged by activities LEONARD RICE ENGINEERS. INC.