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My original assumption that this area is a tailwater pit was incorrect. Mike <br />Bennett indicates that on occasion, when heavy rainfall occurs, a lagoon <br />forms on his irrigated circle to the northwest. He has built a system to pump <br />that excess rainfall from the farmground to this area, thus saving any crops <br />from being flooded and allowing his sprinkler to continue funMioning <br />without getting stuck. Thus, there are no water rights iavolved in this <br />situation. He is simply transferring eacesa rainfall from one area of his <br />property to another. I Gave changed the Reclamation Plan map, correcting <br />the statement indicating it is a tail water pit. We are still assuming that the <br />bottom of the final pit will accumulate water which wildlife would use. Mr. <br />Bennett does not intend to line the area. There is a 60"/year pan <br />evaporation rate for eastern Colorado. Even if you were to line the pit, <br />evaporation would typically dry the area up fairly quickly. <br />• Please state the anticipated depth of topsoil to be replaced on all affected <br />areas. <br />Topsoil at this site varies from 1°-6" in depth. It is estimated that 3"-4" will <br />be available for replacement over the entire area when the pit is completed. <br />• Please provide a method of weed control that shall be employed for all <br />prohibited noxious weed species, and whenever invasion of a reclaimed <br />area by other weed species seriously threatens the development of the <br />desired vegetation. <br />Mike will either personally spray for any noxious weeds at the site or <br />contract with a custom sprayer or the Yuma County Weed Management <br />District to provide control. <br />5. Rule 6.3.12 Exhibit L - Permanent Man-Made Structures <br />The applicant states that there is a gas well and three meter houses within 200' of <br />the affected mining area, and that they would not be affected by mining activity. <br />Please state the proximity from the pit to the structures, and also address the <br />location of any gas lines in the area In order to mine within 200' of a permanent <br />man-made structure, the applicant shall do one of the following: <br />• Provide a notarized agreement between the applicant and the person(s) <br />having an interest in the structure, that the applicant is to provide <br />compensation for any damage to the structure, or <br />• Where such an agreement cannot be reached, the applicant shall provide <br />an appropriate engineering evacuation that demonstrates that such structure <br />shall not be damaged by activities occurring at the mining operation, or <br />• Where such structure is a utility, the applicant may supply a notarized <br />letter, on utility letterhead, from the owner (s) of the utility that the mining <br />