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amendment azea property owners, they must be treated in the same manner. Please check to see if other structures are within 200 feet of the proposed amendment boundazy and treat [hem as such. (Rule 6.4.3(g) EXHIBIT D -Mining Plan 9. Your plan (first pazagraph) states that [here are two 30' easements for access between the two parcels. These easements do no[ show on the pre-mining or mining plan maps. Please show [hem. 10. Your Mining Plan, paragraph 3, states "The lakes may be partially de-watered....." The Mining Plan Map, Note 3, states "No dewatering will occur." At the pre-operation inspection, the inspector was told [ha[ the water level would be lowered about 15 feet and that a dragline would then be brought to the edge of the water to mine below [he water surface. Please explain the apparent discrepancy, and make any necessary changes to the application so that it is consistent. 11. Show, on the exhibit C map, the location of the conveyor and wash pipe where they cross the Fu][on Ditch. If [he surface of the land outside [he proposed affected land boundary will be affected (disturbed in any way) by installation of these two items, include the land in the permit area boundazy and the affected land boundary. 12. Your description of temporary topsoil stockpiles states that their maximum slope will be 1H : 1 V. If these temporary stockpiles are not replaced on a backfill area within a time short enough to avoid deterioration they must be protected from erosion. The 1H : 1 V slopes would be too steep [o prevent erosion. Please commit to a less erosive slope such as 3H : 1 V to accommodate drill seeding, in the event the piles remain in place long enough to begin deteriorating. 13. Your plan includes field conveyors, hoppers and transfer points to provide conveyance to the Plant Site and piping to convey wash water back to the lake from the plant site. It is assumed that [he planrsite you aze referring to is the one south of 100`" Avenue. Show the location of these facilities on your mining plan map. It appeazs [ha[ they would have to cross the Avenue and other land. If this is the case, provide your agreement with the owner of 100'" Avenue and any other landowners affected by the installation of these features. If [he installation of these features will affect the surface of the land that is not included in the amendment area, you must show the land to be within the proposed amendment area. 14. In accordance with Rule 6.4.4(f)(ii), provide the nature of the stratum immediately beneath the material to be mined. 15. In your plan, you state "No filling or backfilling of [he existing lake areas will be more than 3' to Y above the existing water elevation in order to ensure the establishment of wetlands and to not adversely affect the floodplain." Please clarify this statement. A fill depth of 3-5 feet above the water level would most likely eliminate wetlands and any possibility of establishing [hem. 16. You have included a copy of an August 10, 1999 cover letter from the Water Quality Control Division [hat conveyed a certification in regard to the Colorado Wastewater Discharge Permit System. We assume that the letter refers to the original MLRB permit azea. Please provide evidence from the W QCD [ha[ [he certification and permit apply also to the proposed amendment area. 17. You included in [his exhibit a Spill Management Plan, which does not mention any reporting of spills to the Division of Minerals and Geology. Please add the following statement to your Spill Management Plan. " A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, a local Emergency Planning Commission, a local Emergency Planning Committee or the State Oil Inspector. The