PERMFILE49711

• Permit No: M2005066
• IBM Index Class Name: Permit File
• Doc Date: 4/6/2006
• Doc Name: Adequacy Response
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

Ms. Erica Crosby
Division of Minerals and Geology
April 5, 2006
Page 5 of 21
12. Please provide additional detail and designs on construction of fhe slurry walls
around Phase 2 and 3. Please include the dimensions and composition of the slurry
walls and state if they will be connected via ditches or pipelines.
There is only one slurry wall proposed for this site, and that wall will encompass
Phases 2 and 3. The slurry wall will be approximately 3 feet wide and keyed into 2-5
feet of bedrock depending on results of geotechnical investigation. Therefore, the
total slurry wall depth will vary between approximately 35 and 45 feet in depth. The
slurry wall will be constructed using an engineered mix of overburden, topsoil, and
clays (from both on and off-site as necessary to meet State Engineer's Office
guidelines). Upon reclamation, the reservoirs may be connected via pipes, at the
discretion of the reservoir operator(s).
13. Please describe the area identified as "The Noble Oil and Gas Operations Area"
located on Exhibit C-3. Please state if any structures are located on the property, or
if the area will be affected by the mining and reclamation operation.
The area that was identified as the Noble Oil and Gas Operations Area does not
contain any wells or structures, and was previously being reserved as a future oil
and gas operations area. After further investigation, however, it was determined that
a separate oil and gas operations area for Noble is not required. See attached letter
from Rachael Gamble, Esq., dated November 16, 2005 (Attachment 3).
Rule 6.4.5 Exhibit E-Reclamation Plan
14. Please further explain the additional backfilling that will take place around wells
MElll and Top Operating when mining of the pit is complete.
The proposed mining limits are at least 300 feet from the existing TOP Operating
Company oil and gas well, therefore no backfilling around this structure will be
necessary. Mining will occur as close as 80 feet to the existing MEIII Corporation
well. Asphalt Paving Company will then backfill to pre-existing grade, using a
combination of overburden and shale material, an operations pad that extends at
least 150 feet from any existing or future well location, with 3H:1 V slopes (or less
steep) extending outward from the pad area. The backfill will be compacted or
otherwise stabilized as necessary to ensure a safe operating pad for the oil and gas
operators and stable reservoir slopes.
15. Two of the pits will be reclaimed into water storage reservoirs. Please state what
surface water rights exist or will be used to divert water into the ponds to achieve the
post mining land use of developed water resources.
Asphalt Paving Company owns one share in the Brighton Ditch (typically allocated at
well over 400 acre-feet per year) to be used for augmentation purposes. A copy of
the share certificate is included as Attachment 4.