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<br />Division of Minerals and Geology <br />Attn: Me. Kamnikar <br />September 26, 2000 <br />Page 4 <br />two-year flow events or describe/show the location of the <br />unnamed tributary (Rule 6.2.1(2)(e)). <br />The portion of Box Elder Creek, which abuts the site, is a <br />perennial stream. It is inundated by water year-round and has <br />an abundance of hydrophilic plants (hydrophytes). It is a <br />wetlands and subject to regulation by Section 404 of the Clean <br />Water Act. If runoff from precipitation is diverted or <br />otherwise prevented from reaching the creek via the unnamed <br />tributary on the mine site it will adversely impact the <br />riparian habitat of Box Elder Creek. Recharge of shallow <br />groundwater acquifers via percolation of runoff will not <br />adequately balance the direct water lost to the waterway. The <br />potential loss of the unnamed tributary through leveling is <br />unacceptable. <br />4. East-to-West Mining Progression. Pursuant to conversations <br />with Steve Gardner/Engineering Division Arapahoe County, Liza <br />Moore/DOW and Diann Gese/Geologist-Environmental Scientist, <br />employ an east-to-west mining progression to mitigate impact <br />to wildlife, control erosion and minimize potential siltation <br />to adjacent waterways (Rules 3.1.5(3), 3.1.8 and <br />6.4.4(e)(iii)). <br />• The western portion of the site abuts high-quality short grass <br />prairie and is down slope and nearer to Box Elder Creek, the <br />primary waterway. Drainage from up slope areas will be less <br />erosive if the topographically lower ground of the western <br />portion is disturbed last (Rule 3.1.5(3)). <br />• Mining the western portion of the site last will keep <br />disturbance farther from wildlife habitats for a longer time <br />period and permit wildlife more opportunity to acclimate <br />(Rules 3.1.8 and 6.4.8). <br />• Per Mr. J.R. Phillips/Permit Agent for Pioneer Sand and Gravel <br />Company, the western portion will receive 4 to 5 feet of fill, <br />which would be unavailable if it is mined first. <br />Revise the Mining Plan Map (Exhibit "C") as well as the <br />language of the Mined Land Questionnaires; sheet 1/4, MINING, <br />