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<br />Page 2 <br />August 11, 1998 <br />Mr. Bill Baiey <br /> <br />The tetra affected land is defined as an area disturbed as a result of an operation, including refuse <br />banks or spoil piles, settling ponds, parking and storage areas, sttvctures, etc. as well as the actual pit <br />area. <br />You must demonstrate for each of the structures one of the following: <br />a) No disturbance will take place within 200 feet or; <br />b) There is an agreement between the operator and the persons having an interest in the <br />structure that damage to the structure is to be compensated for by the operator, or; <br />c) The applicant provides an appropriate engineering evaluation that demonstrates that <br />such structures shall not be damaged by the proposed operation. <br />2) On Page D-2, reference is made to the possible use of a portable concrete batch plant and a <br />portable hot mix (asphalt) plant. Please give the measures which will be taken to protect the <br />groundwater from contamination by asphalt and oil spills and raw concrete. <br />3) The seed mix on page E-2 includes yellow sweetclover at the rate of 0.5 pounds PLS Acre. The <br />Division does not recommend the use of this species. We would prefer that Ladak alfalfa be <br />substituted at the same rate. <br />4) Until the operator has an augmentation plan in place, they propose to bond for the backfilling of <br />a portion of the ponds created in the Phase II mining azea (See page C-3). Also, the statement is made <br />on page L-1 that until the operator has a water augmentation plan in place it will only excavate 4 acres <br />of ponds in the Phase II azea. No mention was made of bonding for backfilling or of not mining in the <br />Phase III area until an augmentation plan is in place. Please clarify the operator's plans for exposing <br />ground water in the Phase III azea prior to obtaining an augmentation plan. <br />5) On page E-1 of the reclamation plan, it is stated that a 100-foot wide buffer zone wilt remain <br />between the mined area and the Colorado River. How will this zone be marked and protected? The <br />Division would prefer to have a snow fence or other barricade place on the boundary of the buffer zone <br />to prevent any accidental incursions into the buffer area. <br />6) On page E-1, the operator has committed to grading the final slopes of the ponds to no steeper <br />than 2:1 (2H:1 V?) except from 5 vertical feet above to 10 vertical feet below the expected water line <br />where slopes shall not be steeper than 31 (3H:1 V?) as given by Rule 6.3.4(1)(d). No details are given <br />as to how these slopes will be achieved. Will the slopes be left at those gradients as the mining <br />proceeds; will they be formed by pushing down the highwall banks, or will overburden be hauled in to <br />backfill and form the slopes? Also, will this work be done as the mining proceeds or will it all be done <br />at the completion of the mining? The answers to these questions are needed to determine the amount <br />of the reclamation financial warranty. <br />