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Letter to Greg ivliller 2 1v1ay 18. 2000 The DMG may not approve an application until legal right to enter the affected lands has been demonstrated. Holders of easements are provided the same protections as landowners in this regard. In order to approve the application by the decision date of June 28, 2000, the legal right to enter the Bureau of Reclamation easement, the ditch easement, and any IVtagpie Operating Company easements must be provided with sufficient time for DMG review prior to the decision date. Also, the notarization of Edwin McDowell's signature on the legal right to enter the Flatirons' property appears to be flawed. Both notarizations describe Mr. McDowell as a general partner of Double SM Farms; one of the notarizations should be for a general partner of Flatiron Companies. Please provide five corrected replacements. 6. Please describe storage and spill prevention measures for any substances to be used onsite with the potential to contaminate surface or ground water, e.g. fuel, lubricants, and antifreeze. Describe the potential for contaminants, including wash plant fines, to be released to the river during a flood. 7. Considering the depth and velocity of 100-year flood flows through the permit area, and the scour ;i potential of the proposed 100 foot buffer strip between the river bank and the pits, provide a ,c~ demonstration that the buffer strip will prevent rerouting of the river channel through the active or reclaimed pits. 8. The following items are related to Exhibit L -Reclamation Costs. _ a) The tabulation of reclamation costs in Exhibit L does not appear to include an estimate of costs to reclaim the haul road north of the Reichert Pit. Please estimate and include this cost. b) Estimated costs must be included in Exhibit L for the demolition and disposal of any fixed buildings and structures that will be onsite. The estimated costs must consider the cost to demolish and dispose of foundations, footings, and equipment pedestals. c) The 5 percent administrative cost included in Table L-4, Exhibit L was applied to the Disturbance Cost Total. In accordance with Section 34-32.5-117(4)(b)(I), C.R.S. the 5 percent cost must be i applied to the sum of the direct and indirect reclamation costs. In the case of Table L-4, Exhibit L, I this would be the sum of the Disturbance Cost Total, the Contractor MOB/DEMOB, and the ~` ! Overhead. 9. Referring the letter dated May 5, 2000 (received May l la') from Western Mobile (Julie Goettemoeller) to DMG (Allen Sorenson), incorporation of the reclamation option to backfill the Flatirons' Pit will require a technical revision to the application. In order to file the May Sa' letter as a technical revision, a copy of the letter must be placed with the Larimer County Clerk and Recorder and an affidavit or receipt from the Clerk and Recorder must be provided to the DMG. If this is accomplished prior to June 7, 2000, there will be no change in the currently established decision date of June 28, 2000. If the reclamation option to backfill or partially backfill the Flatirons' pit is selected, and offsite fill material is imported, the Operator must provide an inert fill notice in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations.