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The operator will backfill using fill material generated on-site, or imported inert fill generated <br />outside the permit area. If any inert off-site materials are used as backfill, a notarized letter will <br />be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material <br />Rules and Regulations. The applicant will supply such a letter to the Division if, at the time of <br />Reclamation, the applicant intends to use off-site material as backfill. <br />It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing <br />materials, however if any such materials are encountered the operator will take precaution to <br />handle the materials in a manner that will control unsightliness and protect the drainage <br />system. <br />Drill or auger holes that are part of the mining operation shall be plugged with non-combustible <br />material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or <br />monitoring wells not located within the mine excavation limits will be plugged as soon as it can <br />be confirmed that they are no longer needed for the operation. <br />Mined material to be disposed of within the affected area will be handled in such a manner so <br />as to prevent any unauthorized release of pollutants to the surface drainage system. No <br />unauthorized release of pollutants to groundwater shall occur from any materials mined, <br />handled or disposed of within the permit area. <br />Section 3.f.6 Water-General Requirements: The Operator will comply with applicable <br />Colorado water laws governing injury to existing water rights and with applicable state and <br />federal water quality and dredge and fill laws and regulations. <br />The operator will develop and comply with a stormwater management plan and will use best <br />management practices (BMPs) to ensure groundwater and surface water are protected to the <br />greatest possible extent. BMPs include structural controls, schedules of activities, prohibition <br />of practices, maintenance procedures and other management practices to prevent or reduce <br />the pollution in runoff from the site. <br />Section 3.1.7 Groundwater- Specific Requirements: The Operator will comply with all <br />standards and conditions applicable to classified and unclassified groundwater. The Operator <br />will protect the existing and "reasonably potential" future uses of groundwater, <br />Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for <br />the safety and protection of wildlife on the mine site. The Operator will mine the site in one <br />phase and use concurrent reclamation methods to minimize the impact on wildlife. The <br />Operator will also convey materials as much as possible to minimize the use of haul trucks on <br />the site. The existing shoreline of the pond is dominated by native grasses and weed species. <br />The water area within the reservoir will serve as habitat for waterfowl and other bird species <br />and the fringes of the reservoir will be used by mammal, bird, reptilian and amphibian species. <br />Control andlor removal of noxious and weedy species during the project and the replacement <br />of desirable graminoid and forb species during reclamation may result in enhancement of <br />wildlife habitat on the project site. <br />E-470 Public Highway Authority -Henderson Development (Sandy Acres) -MLRB 112 Permit Amendment Application <br />Exhibit E - 2 <br />