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5. Please provide a notarized letter from the landowner allowing/requesting the haul road be <br />left in place after reclamation is complete. <br />6. Please respond to the concerns posed by the Division of Wildlife (in the enclosed letter <br />dated January 27, 2007) regarding the possibility of existing critical Western Burrowing <br />Owl habitat on or near the mine site. <br />Rule 6.4.7 Exhibit G- Water Information <br />7. Please provide DBMS with a copy of the Storm Water Management Plan (SWMP) and <br />the Spill Prevention Control and Counter measure (SPCC) Plan the operator submitted to <br />the Water Quality Control Division. Please make any changes necessary to maps to <br />specify where ditches and sediment or stormwater control structures are located so the <br />Division can calculate the cost to reclaim such stmctures. <br />8. Please describe the proximity of this proposed operation and its activities to the Highline <br />Canal and detail all steps that will be taken to ensure the stability and integrity of this <br />structure. <br />As stated in the Office of the State Engineer's (OSE) response letter (enclosed) to the Division, <br />"exposure of ground water must not occur during or after mining operations. If stotmwater is <br />contained on-site, it must infiltrate into the ground or be released to the natural stream system <br />within 72 hours, or all work must cease until a substitute water supply plan, or augmentation plan <br />approved by water court, is obtained. Reclamation plans must ensure water will not be retained <br />onsite for more than 72 hours unless an augmentation plan approved by the water court is <br />obtained. Additionally, OSE states that "if the water [to be used for dust control] is to come from <br />a well, it must be shown that the landowner has a right to that water, and that the water can be <br />used for dust suppression purposes under that water right." <br />Please be advised that Rule 1.8.1 states that changes and additions to the permit application must <br />be filed with the Division and the County Clerk and Recorder. The applicant must also provide <br />the Division with an affidavit or receipt demonstrating that the change or addition was filed with <br />the County Clerk and Recorder no later than the close of business on the day the change was <br />filed with the Division. <br />If you feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by <br />March 19, 2007 and request for additional time. This must be received no later than the deadline <br />date. <br />If you have any questions, please do not hesitate to call me at 303-866-4179. <br />S~ erely, <br />l <br />Go ' a <br />Environmental Protection Specialist <br />Enclosure(s): Division of Wildlife Response Letter, dated January 27, 2007 <br />Office of State Engineer Response Letter, dated January 2, 2007 <br />Colorado Historical Society Response Letter, dated January 2, 2007 <br />cc: Daniel J. and Barbara J. Gaudreault„ P.O. Box 69, Elizabeth, CO 80107 <br />Tony Waldron, DRMS (via a-mail) <br />