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Ms. Erica Crosby, Division of Minerals and Geology April 8, 2005 Page 2 of 5 ~~ CIVIL RES'sJURCES. LLC 5. We have attached documentation that we have the legal right to enter the Porter Seepage Ditch and the Ogilvie Seepage Ditch. We will forward proof of notice requirements in conjunction with the receipts you requested in question 1 above. These ditches were included within the permit boundary to prove that we have access to the South Platte River for dewatering purposes. We have removed the McCanne Ditch from the permit boundary to ensure that we do not increase the acreage of the affected land. 6. We have not increased the acreage of the permitted land. We made several additions and reductions to the permit boundary, but the net change is 0 acres. Originally the boundary included WCR 6 to the sectionline, this area was removed. The Yookooji property boundary was adjusted to the east. The phase 3 boundary was adjusted to the west to exclude Wiant and Gurule homes. The boundary originally included WCR 6.25 to the sectionline, this has been adjusted to the north. These changes allowed for the addition of the Villano and Brancucci recharge well areas, and the Ogilvie Seepage Ditch and Porter Seepage Ditch. 7. We submitted the legal right to enter for the Hunt Brothers Properties, Inc. in our previous response. Rob Laird, a representative for the Hunt Brothers has stated that they will allow us to install a recharge well on their property and that we have the legal right to enter the property for well mitigation purposes. However, they do not want their property included in the pennit boundary. As a result, we have taken the proposed recharge well on their property off of the map. 8. Thank you. 9. The additional legal descriptions are included on the enclosed revised Cover Sheet map. We submitted the Villano right of entry document with our previous response to your adequacy review. We will forvvard the legal right to enter Mr. Brancucci's property shortly. 10. The revised Existing Conditions Map with the structure location information is enclosed. 11. The revised legal description with the information the Division requested in the Mamh 8, 2005 adequacy letter is on the attached Cover Sheet Map. 12. The total area of affected land is 361 acres. 13. Permit conditions re: mining and clay liner sequence. a. We request that the Division add the permit restriction that the operator may not mine Pond 2 below groundwater until Pond 1 is reclaimed to above the water table. It is likely that a different entity will be constructing the compacted clay slope liners for the water storage reservoirs. The proposed permit restriction would enable the last portion of the clay liner to be constructed for Pond 1, while allowing the miner to mine in the first phase of Pond 2 (Phase 9). If the miner were to abandon the site during this time, the Division would have sufficient bond to finish the slope liner for Pond 1. It would not make economic sense to construct the slope liner for Phase 9 (a relatively small portion of Pond 2). Rather, the property would likely be graded to tie into existing contours on the adjacent phases. The Division could use the temporary berms and stockpiles to f II the phase in as necessary. b. The maximum amount of slope that may be disturbed at any one time is 6,000 linear feet.