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to that completed slope. Construction reports must be submitted and approved by the Division in <br />order to be removed from the maximum lineal feet of slope that maybe unlined at any given <br />time. <br />14. (previous question # 14) The applicant requested that the Division add a permit condition to address <br />reclamation of the topsoil berms. The Division concurs with this stipulation and will be added to the <br />permit as follows; <br />"The mine operator will construct permit berms, as shown on the mining and reclamation plans, <br />at the beginning of each respective mining phase. The berms shall be seeded with the specified <br />seed mix in the fall or the spring." <br />"The mine operator shall install irrigation, trees and shrubs as soon as it is feasible after the berms <br />have been constructed. Planting for deciduous trees shall occur prior to October 15'" and after <br />March 15'". Planting for evergreen trees shall occur prior to October ls` and after March 15~." <br />15. (previous question #15) Please forwazd the additional information regazding the conveyor structure <br />as requested by the Division in the March 8, 2005 adequacy letter. Please be awaze that the Division <br />must calculate a bond based on what it would cost the State of Colorado using an independent <br />contractor to complete the reclamaton. Such cost includes all buildings and structures that are <br />considered "non portable" regardless of their ownership or value to the operator. The Division cannot <br />assess or predict the value of structures if or when the operator abandons a site or is unable to perform <br />the required reclamation. The Division considers overland conveyor structures and their associated <br />foundations to be mining related structures that will need to be included in the reclamation cost <br />estimate. <br />16. (previous question #18) Please forwazd the SW TKO's commitment to not remove any structures <br />(Ken McGee gas line and associated facilities in phase 12) nor encroaching any closer than the <br />setbacks set forth in the stability analysis without authorization of the stmcture owner as requested by <br />the Division in the Mazch 8, 2005 adequacy letter. In addition, please explain what the applicant <br />means by "associated facilities" related to the Kerr McGee gas line. <br />17. (previous question #20) The applicant states that the silt ponds will be reclaimed as "upland." Please <br />further describe this end land use (i.e. cropland, pastureland, general agriculture, wildlife habitat...). <br />Please inform the Division as the material used to reclaim these ponds (it was previous stated in <br />response to question #13 that the operator will not use any overburden for reclamation), the slopes of <br />the reclaimed azea, the depth of topsoil and the seedmixture to be used for the upland areas. <br />18. (previous question #22) The applicant states that any structure, conveyor, tanks, etc. used or <br />constructed by the applicant or operntor will be assets owned by that corporation and should not be <br />included in the reclamation cost estimate. As mentioned previously, the Division must calculate a <br />bond based on what it would cost the State of Colorado using an independent contractor to complete <br />the reclamation. Such cost includes all buildings and stmctwes that are considered "non portable" <br />regardless of their ownership or value to the operator. The Division cannot assess or predict the value <br />of stmctures if or when the operator abandons a site or is unable to perform the required reclamation. <br />Therefore, please list and locate on the applicable exhibit all structures that will be constructed on site <br />(i.e. plants, offices, trailers, tanks, etc...) and provide their associated dimensions and composition in <br />order to accurately estimate a cost for removal in the reclamation bond estimate. <br />19. Please provide a detailed reclamation plan for all rechazge wells and/or rechazge ponds that are to be <br />reclaimed at the Lupton Lakes site. <br />20. The operator revised area 4 as an overburden storage azea. Please state the mining off set distance in <br />this area from the affected land to US Hwy 85. In addition, aeeas 3 and 4 appear to be within the 100- <br />year flood plain. Please address how the applicant plans to mine and reclaim the site within in the <br />