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! • If the property curtently leased to Braly is not mined, Western Mobile will revise the mining and reclamation plan exhibits by applying to the Division for a Technical Revision (TR). (April 20.2000 DMG Adequacy Review Response #3, page 3) I5. Westem Mobile will construct aloes-profile berm along the northern mining limits of the area to be mined between North 51" Street and the South Branch of the St. Vrain at a minimum setback distance of 300 feet south of the South Bank of the St. Vrain Creek. The minimum elevation of the low-profile berm will correspond to the existing ground surface elevations along the boundary between the 100-year flood plain and shallow flooding. (April 20, 2000 DMG Adequacy Review Response #3, page 4) 16. Westem Mobile will commit to a minimum mining setback distance of 300 feet from the south bank of the St. Vrain Creek which will eliminate the need for any pitside bank protection. (April 20, 2000 DMG Adequacy Review Response #3, page 5) 17. Westem Mobile will commit to a 150-foot minimum crest width for the two internal lateral berms (the interior berm located upstream (west) of the lined reservoir proposed for the southeast comer of the permit area and the embankment of the proposed pond to be located north and west of the cement plant). (April 20, 2000 DMG Adequacy Review Response #3, page 5} I8. In the unlikely event that sand and gravel mining at Lyons results in an adverse impact to adjacent ditches and/or ditch laterals, Westem Mobile will mitigate such impacts with the approval of the affected ditch company and/or the Water Commissioner for the St. Vrain. (Apri120, 2000 DMG Adequacy Review Response #3, page 7) 19. The permittee shall install a recharge structure in the area near Hygiene Road along the southern border of the Phase 111 mining area at the time that the permittee is preparing to mine the Phase III area or earlier should the permittee so chose. The permittee shall maintain and operate the recharge structure at all times during the mining and reclamation of Phase III as necessary to minimize impacts on the prevailing hydrologic balance in the groundwater system servicing wells in areas outside the Phase III mine area as provided in rule 3.1.6(1). The permittee shall provide an itemized cost for the installation of the recharge structure in Exhibit L, Reclamation Costs. (April 25, 2000 Massey Semenoff Stem & Schwarz, P.C.)