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Ms. Erica Crosby Division of Minerals and Geology May 1, 2006 Page 3 of 5 web site). Notice was previously provided to Weld County. Proof of receipt for this notification was submitted to the Division in a fetter dated December 8, 2005. The TOP collection facility (tank battery) is owned by one of the oil and gas operators on this property -TOP Operating Company. Notice was previously provided to individual owners of TOP Operating Company -Murray Herring and James M. Martin -but not directly to the company. Attached is a letter from TOP Operating Company waiving their right to an additional comment period. MW23 was labeled incorrectly on the previously submitted Exhibit C-1. This well should have been labeled MW3, as it corresponds to the Aggregate Industries' well permit #251820 in the list on that same drawing. Notice was previously provided tc Aggregate Industries. Proof of receipt for this notification was submitted to the Division in a letter dated December 8, 2005. Response to January 12, 2006 Hydrology Review Memo 6.4.3 Exhibit D-Mining Plan 2. The applicant projects a discharge rate of 2.5 to 10 cfs for process water discharged offsite to either the Brighton Ditch or a water conveyance easement flowing towards the South Platte River. Prior to approval, the applicant will need to specify the design flow capacity of either the Brighton Ditch or water conveyance easement and verify that either structure has the capacity to received the anticipated de-watering flows of up to 10 cfs. Also, the applicant will need to located on a Mine Plan Map where the point of discharge will be, provide a schematic showing how the mine water will be discharged into either structure, and provide sufficient detail to demonstrate that discharge of mine water offsite will not result in excessive erosion or offsite damage. (The Division recommends that the applicant include representative cross sectional designs of the Brighton Ditch or water easement structure to clarify their design flow capacity and capability to receive mine de- watering flows). Please respond. The locations of the potential site discharge points are labeled on the previously submitted C-3 as "Potential discharge point to Brighton Ditch when notarized agreement is obtained" in the southwest corner of the property, and "Existing siphon pipe to Consolidated Mutual property and water conveyance easement" in the southeast corner of the property. The existing siphon pipe would likely receive dewatering water directly from a pump hose into the pipe. The pipe is constructed of 18-inch diameter reinforced concrete. Additional improvements to the discharge locations are not known at this time. Asphalt Paving Company commits to submitting a Technical Revision prior to any off-site discharge containing the details of the discharge structure(s) and associated erosion and damage control features, as well as a copy of an approved CDPS discharge permit for the site.