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quantify the acres associated with these inclusions and revise the map if needed. Please be awaze that <br />the application may need to be amended if there is an increase in the acreage of the affected land. <br />Any amendment to an application shall constitute a new filing for the purposes of determining the <br />date for the consideration for the application by the Office, and for the deadline for a final decision on <br />the application. In addition, the provisions of Rule 1.6.6 shall apply. The applicant may wish to <br />consider reducing the size of the newly affected areas, eliminating them altogether (i.e. the existing <br />ditches in the per[nit azea if they are not needed) or swapping portions of the affected land that will <br />not be affected. <br />7. Mining Plan Map 3 of 7 depicts a rechazge well east of Area 19 on property owned by Hunt Brothers <br />Properties, Inc. This azea was not included in the permit area as were the other proposed recharge <br />wells. Please submit legal-right-of--entry for the property that includes the recharge well and include <br />this area within the permit boundary. <br />8. (previous question #2) The applicant requested that the Division add a permit condition to address <br />the conveyor crossing over WCR 6'/a and WCR 8. The Division concurs with this stipulation and will <br />be added to the permit as follows; <br />"If WCR 6Y, and WCR 8 aze not annexed into the City of Fort Lupton, the applicant shall obtain the <br />legal right to enter the roadways indicating that 5W TKO has the right to install the conveyor crossing <br />from Weld County prior to installing the conveyor crossings." <br />9. (previous question #3) Please submit the additional legal descriptions and right of entry documents of <br />the property to be included for the proposed groundwater mitigation measures. From the Exhibit, it <br />appeazs to be the Robert P. & Dean VillanoNillano Brothers Properties, Inc. and the property south <br />of WCR 6 depicted as "Property Zone I-3 for sale:' <br />Rule 6.4.3 Exhibit C- Pre-Mining and Minine Plan Maps <br />10. (previous question #7) Please forward the revised Existing Conditions Map with the structure locafion <br />information the Division requested in the March 8, 2005 adequacy letter. <br />11. (previous question #9) Please forwazd the revised legal description with the information the Division <br />requested in the Mazch 8, 2005 adequacy letter. <br />Rule 6.4.4 Exhibit D- Minine Plan <br />12. (previous question #11) Please forwazd the total azea of affected land as requested by the Division in <br />the March 8, 2005 adequacy letter. <br />13. in item #11, the applicant request permit conditions be included in the permit regarding the mining <br />and clay liner sequence. The Division has additional comments that will need to be addressed; <br />• Please clarify the statement that the operator may not mine Pond 2 below groundwater until Pond <br />1 is reclaimed to above the groundwater table. Rather than state "above the groundwater table" it <br />should be more specific on completion of the compacted clay liner in the fmal phase of Pond 1. <br />• Please inform the Division as to the maximum lineal feet of slope that may be disturbed at any <br />given time. This will be necessary to determine the amount of bond that requires 100% versus <br />the remaining lineal feet that can be bonded for 20%. <br />• In order to receive the 20% bonding option on clay lined slopes, the applicant must commit to <br />submitting a technical revision to the permit with detailed information on construction of the <br />compacted clay liner and the submittal of a quality control and assurance plan. Such plan will <br />need to be submitted and approved by the Division prior to construcfion of the clay liner. <br />• The applicant will need to commit to submitting construction reports to the Division for clay- <br />lined slopes that have been completed. This is to ensure that the 20% of bonding can be applied <br />