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• Western Mobile Boulder, Inc. Lyons Pit (Rockin' WP) M-74-015 Amendment 006 Summary of WMBI Commitments April 26, 2000 • III IIIIIIIIIIIII III I. Western Mobile Boulder, Inc. will obtain all necessary approvals prior to the relocation of the Clough Private and the lower end of the Smead and provide proof of same to the Division. Furthermore, Westem Mobile will commit to obtaining prior approval from any ditch company, public utility and easement holder prior to relocating any of the above stmcmres. Western Mobile will provide the Division with proof of all such approvals including the appropriate alignment of any relocated structures. (December 23, 1999 DMG Adequacy Response #I, page2) 2. Prior to the start of mining in the amended area, Westem Mobile will obtain approval for a substitute supply plan from the State Engineer's Office. (December 23, 1999 DMG Adequacy Response #I, page 13) 3. Westem Mobile will develop a habitat conservation plan in order to protect the Preble's Meadow Jumping Mouse and comply with the Endangered Species Act. (December 23, 1999 DMG Adequacy Response #I, page 15) 4. Westem Mobile will locate all above ground and subsurface utilities on the site prior to the start of any mining or related constmetion activities such as conveyor installation across the Southdown Entrance Road corridor. Westem Mobile will provide [he Division with copies of any agreements necessary to install the conveyor to the Phase I mining area. (December 23, 1999 DMG Adequacy Response # I, page 19) 5. Westem Mobile will observe the following minimum mining setbacks (December 23, 1999 DMG Adequacy Response #I, page 20 and March 14, 2000 DMG Adequacy Review Response #2, pages 14 and IS) • Foothills Reservoir Outlet- 25 feet from top of bank to edge of pit • Foothill Reservoir- 200 feet from toe of reservoir dam • Hygiene Road- 50 feet from the north right-of--way line of Hygiene Road • 61" Street- 50 feet from west right-of--way line of North 61" Street • Gas Pipeline east of cement plant across access road- 130 feet from the centerline of said gas line • Ditches and ditch laterals not owned by Westem Mobile- I S feet from the top edge of the ditch or lateral • St. Vrain- 250 feet from the top edge of the stream bank. • South Branch- 100 feet from the top edge of the stream bank (mining setbacks along the South Branch will vary from a minimum of 100 feet to a maximum in excess of 400 feet along the south side of the South Branch. (December 23, 1999 DMG Adequacy Response #1, page 21) 6. The Company agrees with [he DOW regarding prairie dog management. (December 23, 1999 DMG Adequacy Response #I, page 21) As there are active black-railed prairie dogs on the mining site, xhich maY be adversely affected, n•e recommend Thal the prairie dogs be either moved alive to another location or humanely killed before any moving occurs. (December 6, 1999 Division ojWildlije Leiter to DMG) 7. Westem Mobile will follow the DO W recommendations regarding burrowing owls. (December 23, 1999 DMG Adequacy Response # I, page 2) ljconstruction is !o occur between March I and October J 1. the area should be checked for the presence of burrowing owls prior to arrv earth-moving taking place. (December 6, 1999 Dirision ojWildlije Letter !o DMG) 8. Topsoil stockpiles will be planted in the next available seed season with an appropriate perennial seed mix. (March 14, 2000 DMG Adequacy Review Response #2, page 6)