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attached SEDCAD report for further detail. The operator proposes a D„o„ of 8" riprap, which <br />appears to be undersized, and does not specify the Dsa or D,,,~. in addition, the channel will <br />need to be designed for the correct peak dischazge rate, which may be greater than 175 cfs. <br />Please address accordingly. <br />o The operator states that berms will be constructed of waste rock and be no less than 5 feet <br />higher than the bottom of the channel and a crest of the berm at least 2' wide. However, on <br />page 10 of the mine plan, the operator states that that berm will be approximately 4 feet high <br />and 4-6 feet across the flattened top. Please clarify this discrepancy of the dimensions of the <br />berm. Please demonstrate that this berm can handle the designed flows. <br />52. In accordance with Rule 3.1.6(1)(a), please explain how disturbance to the hydrologic balance will be <br />minimized during the mining and reclamation phase of the Lilly Mines site. Please explain how <br />Colorado Marble will be in compliance with Colorado Water Laws and regulations governing injury <br />to existing water rights. <br />53. Please explain how stormwater runoff from the site will be managed to protect against pollution of <br />surface of groundwater bokh during and after the mining operation (Rule 6.4.7(2)(c)). <br />Rule 6.4.8 Exhibit H- Wildlife Information <br />54. The Division received a letter from the DOW. As previously stated to you in a letter dated February <br />17, 2006, the DOW recommends that mining cease by September 30 of each yeaz to eliminate <br />conflict during the rifle deer and elk hunting seasons. Such recommendation is consistent with the <br />original permit approval in 1988 that included a stipulation to the permit that operations will only <br />occur between the months of June to September due to the impacts for both deer and elk during the <br />winter months. Attached is the original stipulation to the permit and the 1987 comments from the <br />DOW. <br />In the application, Colorado Mazble proposes to mine until November 1 of each yeaz. Rule 3.1.8(1) <br />of the Construction Materials Rules and Regulations states that, <br />"all aspects of the mining and reclamation plan shall take into account the safety and <br />protection of wildlife on the mine site, at processing sites, and along all access roads to the <br />mine site with special attention given to critical periods in the life cycle of those species which <br />require special consideration (e.g., elk calving, migration routes, peregrine falcon nesting, <br />gouse strutting grounds): ' <br />Rule 3.1.8(2) states that, <br />"habitat management and creation, if part of the Reclamation Plan, shall be directed toward <br />encouraging the diversity of both game and non-game species, and shall provide protection, <br />rehabilitation or improvement of wildlife habitat. Operators are encouraged to contact the <br />Colorado Division of Wildlife and/or federal agencies with wildlife responsibilities to see if <br />any unique opportunities are available to enhance habitat and/or benefit wildlife which could <br />be accomplished within the framework of the Reclamation Plan and costs: ' <br />The Division encourages you to contact the DOW to determine what measures may be taken to <br />comply with Rules 3.1.8(1) and (2) noted above and extend the mining date to November I of <br />each year. <br />Rule 6.4.12 Exhibit L- Reclamation Costs <br />55. The Division will estimate a cost to reclaim the site based on the information submitted in the <br />application. <br />