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7. It appears that the operator did not respond to question #32 in the Division's original adequacy <br />letter (resulting in the operator's numbering sequence to be off by a factor of one). The question <br />states, "please list and locate on the applicable exhibit all structures that will be constructed on <br />site (i.e. plants, offices, trailers, tanks, etc...} and provide their associated dimensions and <br />composition in order to accurately estimate a cost for removal in the reclamation bond estimate. <br />8. The operator intends to leave the waste rock berm and sediment pond in place once mining is <br />complete. >n order for features to remain on site, they must be compatible with the post-mining <br />land use of wildlife habitat and be maintenance free. The Division understands the value of the <br />berm and sediment pond during mining to control sediment and prevent off site impacts. <br />However, once the site is reclaimed to a stable conFgura6on (grading, topsoil replacement and <br />revegetation) the berm and sediment pond will no longer be necessary for sediment control. Such <br />features will also require perpetual maintenance long past the release of the site. In addition, the <br />berm and sediment pond do not meet the approved land use of wildlife habitat. Based on these <br />factors, the operator will need to ultimately reclaim the berm and sediment pond on site. Please <br />commit to reclamation of these features, describe how they will be reclaimed and revise the <br />reclamation plan map accordingly. <br />9. The Division received a letter from the Colorado Division of Wildlife (DOW) allowing for <br />Colorado Marble to have aone-time extension of their permitted work time to work until the end <br />of October, 2006. The Division has received no other correspondence form the DOW to change <br />the operation times to cease by September 30 of each year to eliminate conflicts during the rifle <br />deer and elk hunting seasons. Until DOW revises their recommendation, the stipulation placed <br />on the permit in 1987 to limit mining from June to September will not be revised. <br />Please be awaze that the Division has some additional geotechnical questions regazding the application <br />that will be submitted under sepazate cover. <br />The Mined Land Reclamation Boazd extended the Division's decision date to February 23, 2007. Please <br />be advised that Lilly Mines application may be deemed inadequate, and the application may be <br />recommended for denial on February 23, 2007 unless the above mentioned adequacy review items are <br />addressed to the satisfaction of the Division. If you feel more time is needed to complete your reply, the <br />Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of <br />your right to a decision by February 23, 2007 and request for additional time. This must be received no <br />later than the deadline date. <br />If you have any questions, please do not hesitate to call. <br />S' cerely, <br />~~ <br />Erica Crosby <br />Environmental Protection Specialist <br />cc: Cazl Mount; DRMS <br />Bob Holloway; Monazch Mountain Marble w/enclosure <br />Kenneith Klco; Azurite, Inc. w/enclosure <br />