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• 6) In order to comply with Rule 6.4.19 of the Construction Materials Rules and Regulations, either compensation for any damage done to permanent structures must be agreed upon with the owners of stmctures within 200'; a 200' excavation setback must be preserved; or a detailed engineering geotechnical stability analysis, demonstrating the stability of the structures will not be affected by excavation within 200', must be submitted. Please submit one of [he above documents for both the IKEA power line and gas pipelines which cross the site. Other Agency Comments: Comment letters received from the Army Corps of Engineers and Office of the State Engineer did not include any comments or difficulties with the current application. However, a letter received from the Division of Wildlife requested clarific:a[ion of the disposition of a strip of grassland previously discussed with the Operator (see attached). Please clarify what the final mining plan with regard to this grass strip is, and modify the maps accordingly, if it is to be excluded from the mining operation. Public Comments: Additionally, comments from the law firm of Preeo, Silverman, Green and Egle, representing three residences near the property, contained the following concerns, and are addressed below. 1) Topsoil. The actual topsoil depth at the site is only 4-6" per Gene Backhaus/NRCS West Arapahoe SCD, not "... from 6-12 inches in depth" as stated in Exhibit D (~(i ). As the site is to be returned to dry land agricultural use after mining, the soil depth is insufficient to permit the removal of topsoil from the site for resale per Roben7_ebroski/State Soil Conservation Board and Daniel Parker/Consultant (Rules 3.1.1(1) and (2), 3.1.9(1) and (6), and 6.4.4(g) and 6.4.9(1)). References to the sale or resale of topsoil should be eliminated in Exhibits C (e.g., sheet ~/, MINING EXCAVATION AND LAND LEVELING OPERATIONS, Section 4, Paragraph 2 and 5) and D. Reference Exhibits C (e.g., sheet t/<, MINING EXCAVATION AND LAND LEVELING OPERATIONS, Section 4, Paragraph !)) and E, stipulate that sand mixed with sludge is an unacceptable topsoil substitute or amendment (reference Gene Backhaus). Compost and/or chemical Fenilizers mixed with topsoil are acceptable amendments (Rule 3.1.9(6) and (7)). The Division has also asked that the Applicant's plans for the topsoil on the site be clarified, as stated above, in Concern #1. While the resale of topsoil is not expressly forbidden, it is to be understood that any deficit found at [he site will be calculated and the cost of purchasing additional topsoil would be added into the reclamation costs for the site. 2) Water Usage and Retention. Reference Exhibit C (i.e., sheet t/a, WATER AND SEWAGE USAGE, Section 9) D and E, include estimates of project water requirements and annual volumes for development, mining, processing and reclamation phases (Rule 6.4.7(3)). Indicate the projected amount from each source of water to supply project water requirements (Rule 6.4.7(4)). Outline plans for and locations of any water retention ponds (Rules 3.1.6(I)(a) and (b), 3.1.6(2), 3.1.7 and 6.4.4(c)). Establish agroundwater-monitoring program to establish baselines and to protect groundwater quality and monitor groundwater level (Rules 3.1.5(10) and (1 I ), 3.1.6(l)(a) and (b) and 3.1.7). Reference Exhibits C, D, and E include estimates for water consumption and plans for discharge and/or retention (Rules 3.1.7(6)(b)(ii) and 3.1.7(2) and (4)). Mr. Phillips stated in the Arapahoe County meeting that water would be required for screening and that water would be retained on some basis in retention