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NCCI Pit #1, Technical Revision No. 3 Adequacy Review Response, File No. M-2001-107 12/182006 _q_ NCCI will also ensure that the hydrologic balance of the surrounding area will not be adversely affected due to the possible increase in the total area of disturbance. See response to item number 3 below. 3. Please discuss the changes to the hydrologic balance from the current approved mining and reclamation plan to the proposed plan in TR-03. Although the total area of disturbance would increase under the revised mining plan, the hydrologic balance of the surrounding area would be improved because of NCCI's intent to implement recharge ditches/ponds around the perimeter of the mine during all dewatering activities with this revision. This would limit the affects to the hydrologic balance during mining activities because the surrounding aquifer would be recharged concurrently with the mining activities rather than after mining activities have ceased. The revised reclamation plan removes the multiple cell reservoir configuration that is in the current plan and replaces it with a single cell reservoir configuration. Because it was the intent under the current reclamation plan to line only the perimeter of the cells, no change to the groundwater flow patterns through the aquifer is being proposed, hence no change to the hydrologic balance of the surrounding area after reclamation is completed would result from this revision versus the current plan. A revised reclamation plan map is attached for your reference. 4. NCCI must provide surface use agreements for a[1 utilities that will be mined through. Until such agreements are reached, NCCI must not mine within 200 feet of any permanent man made structures. Attached is the surface use agreement between NCCI and Kert-McGee Rocky Mountain Corporation (KMRMC) for the oil/gas wells, transmission pipelines, and processing areas located on the west side and northeast corner of the property. NCCI will maintain the setbacks to the structures that are specified in this agreement throughout the course of the mining activities. Attached is the draft surface use agreement between NCCI and KP Kaufman Company (KPK) that is currently being negotiated but has not yet been finalized for the oi!/gas well and transmission pipeline located approximately in the center of the property. See response under comment number 5 below for how setbacks will be maintained in this area. 5. During the initial adequacy review of the permit, NCCI committed to not mining within 200 feet of a permanent man made structure until they have obtained agreements with the owner(s) of the structures. Please provide the agreements in accordance with Rule 6.4.19 of the Construction Material Rules and Regulations or provide an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by activities occurring at the mining operation. As stated in the response to item number 4 above, NCCI will maintain the setbacks to the 1400 W 122ne Avenue -Suite 120 • Westminster CO 80234 • Ph: 303457-0735 • Fax: 303-920-0343