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<br />EXHIBIT E-MINE PLAN MAP (Rule 6.3.5 (e)): As first referenced under Exhibit B above, it is the <br />Division's experience that fences, which qualify as permanent man-made structures, are often overlooked in <br />preparing an application and }~ou have been asked to confirm }'our statement in the Exhibit B narrative [hat there <br />are no fences either along the County Road 211 right-of-wa}~ or the Econ Liquor, Inc. and So. Gas, Inc. property <br />QN' line. If one or both fences were found to be present, you were requested to revise Exhibit B. <br />If }'ou do find that there is a fence along the Econ Liquor, Inc.-So. Gas, Inc. propert}' line, please not onl}' <br />revise Exhibit B to [hat effect but also provide revised Exhibit E-M maps on which this fence is illustrated and the <br />owner identified. <br />EXHIBIT E-RECLAMATION PLAN MAP (Rules 6.3.E (3) (d) and (e)): The map indicates that only 4 to <br />6 inches of combined topsoil and overburden will be spread on the reclaimed surfaces of the mine. As indicated <br />previously in [his review (See discussion under Exhibit D-Reclamation Plan), this is not consistent with what is <br />~ stated in the SCD reclamation plan or with the volumes of topsoil and overburden }'ou indicate }'ou plan to spread <br />under your Exhibit Dnarrative. - <br />Once you have decided just how much topsoil and overburden will be spread on the excavated areas, <br />please provide an appropriate)}' revised Exhibit E-Reclamation Plan Map which includes the correct information. <br />EXHIBIT F-OTHER PERMITS (Rule 6.3.6): Your listing of the permits you have considered as possibl}' <br />necessan' for your proposed operation does not include a 404 permit from the Corps of Engineers (Possible need <br />discussed under Exhibit C-Mining Plan above.) or the possible need for a Storm Water Permit from the Colorado <br />(J~ Water Quality Conttol Division. Your proposed operation does include the placement of fill material in the local <br />draina;e in conjunction with construction of a stream crossing as well as directing all runoff from [he disturbed <br />areas of the pit into a catchment basin adjacent to the local stream course. <br />Please provide evidence of contact with the Corps of Engineers in regard to the possible need fora 404 <br />pemtit and the Colorado Water Quality Control Division in regard to a possible need for a Storm N'ater Permit <br />andior a detailed sediment pond desien. <br />EXHIBIT G-RIGHT OF ENTRY (Rule 6.3.7): You have satisfied the requirements of this rule with <br />the material you have provided. You should be aware, however, that the statement you have provided does not <br />include mention of a right to enter the property for reclamation purposes. The Performance Warranq' which you are <br />also required to submit in order to secure a permit includes, however, your promise that you have lawful authority <br />to enter the affected lands to conduct reclamation operations. You relationship with the current land owner may be <br />such that you consider a signed right to reclaim the property at the conclusion of }'our mining operation is <br />~- unnecessan and understood. It is the Division's experience that a changes in the relationships ofaandowner and <br />operator do occur, e.g. possibly brought about b}' a change in ownership, arid this has, at times in the past, created a <br />problem for an operator in attempting to reclaim according to a plan with which the owner. at that time, does not <br />agree. <br />You are not required to alter [he document you have submitted in order [o satisf}' ttte requirements of this <br />Rule but you might consider it practical to include in your right of entry a statement covering a right to enter the <br />properrv for reclamation purposes. <br />EXHIBIT L PERMANENT MAN-MADE STRUCTURES (Rule 6.3.12)): You have indicated in your <br />response [o the requirements of Exhibit B that there are no man made structures within 200 feet of the land to be <br />affected by the mining operation. The Division, in its discussion of your response, has asked you to confirm that <br />there are no fences within this distance of your proposed perntiUaffected land boundaries. If, upon checking, you <br />find [hat there is a fence along the Econ Liquors, Inc. and So. Gas, Inc. property line, the Division will accept that <br />by keeping your mining operation within the proposed permit area boundaries, you pose no threat to a fence at that <br />distance. If. however, you find that there is a fence alon_ the right-of--way for County Road 21 I with which your <br />neo' access haul road connects and your road must pass Ihru that fence, then the Division considers that your <br />operation has the potential to possibly dama,e that structure. In such case, you must meet the requirements of this <br />Exhibit. <br />In the e+'ent there is a fence along the right-of-w'ay for County Road 21 I and your access/haul road must <br />pass thru that fence in order [o connect with the counh' road, please provide a notarized agreement between you and <br />[he owner of the fence in which you agree to compensate the owner for any dama_e broush[ about by your mining <br />operations. Otheneise, provide an acceptable engineering evaluation that the fence will not be damaged by your <br />mining activities <br />