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Mr. Bill Roberts Adequacy Review, Permit Application No. M-2006-046 August 1, 2006 22. In accordance with Rule 6.4.7(2)(c), please submit a statement or plan showing how water from de-watering operations or from runoff from disturbed azeas, piled material and operating surfaces will be managed to protect against pollution of either surface or ground water both during and after the operation. 23. In accordance with Rule 6.4.7(5), please affirmatively state that the applicant has acquired (or has applied for) a National Pollution Dischazge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health. 24. Based on a review of the Pre-Mining and Mining Plan Maps, most of the proposed mining operation will take place within the 100-yeaz floodplain of the Colorado River. Please describe the mitigation measures that will be implemented to reduce the potential of the 100-year flood event from capturing the pit and causing off site damage. Rule 6.4.10 Exhibit J -Vegetation Information 25. The applicant states that aCottonwood-dominated riparian azea exists at the northeastern fringe of the site and wetlands/wet meadow areas are located at various locations across the site. The mining plan indicates that dewatering will occur in all phases of the site. It is the Division's experience that a drop in ground water levels of less than two feet can be fatal to cottonwoods. Please indicate how the cottonwoods and wetlands will be monitored and protected from such impacts. Rule 6.4.12 Exhibit L -Reclamation Costs 26. The Division will estimate the cost to reclaim the site once the applicant addresses the concerns noted in this and subsequent letters. The Division will estimate a cost to reclaim the site based on the information submitted in the application and responses to adequacy reviews. Rule 6.4.13 Exhibit M -Other Permits and Licenses 27. Rule 6.4.13 requires the applicant to list other permits, licenses and approvals the Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operation. Exhibit M, as submitted, lists multiple types of permits and approvals that are required for the project but does not indicate whether the applicant has applied for or obtained them. Of particulaz concern to the Division are the storm water permit, gravel piUwell permit, substitute water supply plan, and U.S. Army Corps of Engineers 404 and/or Nationwide permit. Please resubmit this exhibit indicating the status for each permit or approval listed in this exhibit. Rule 6.4.17 Exhibit O -Proof of Mailine of Nofices to Board of Countv Commissioners and Soil Conservation District 28. Pursuant to Rule 1.6.2(1)(a)(ii), proof of notice shall be in the form of a return receipt of a Certified Mailing or date- stamped copy of the notice acknowledging receipt by the appropriate local Boazd. Please submit the appropriate Proof of Notice to the Board of County Commissioners and Soil Conservation District. Rule 6.4.19 Exhibit S -Permanent Man-made Structures 29. In Exhibit S, the applicant commits to maintaining a setback of "...at least 200 feet from any permanent man-made structure for which an agreement has not been obtained, until either a notarized agreement with the structure has been obtained or an engineering analysis report has been prepared and submitted to the Division." in lieu of such agreements and/or slope stability analyses, please revise Exhibit C-1, Mining Plan Map, to show setbacks of 200 feet from structures for which the applicant has not obtained a notarized agreement from the structure owner, or has not provided a slope stability analysis.