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operator shall notify the Office of a reportable spill within the permit area using the same timeframe required by <br />the permit, license, notice, Act, Rule or Regulation governing [he reporting of the spill to the appropriate <br />agency. Notice of a reportable spill shall be Faxed to: Minerals Program Supervisor, Division of Minerals and <br />Geology, FAX (303) 832-8106. The FAX shall include atoll-back number of a responsible company official <br />for DMG staff to use as a contact " <br />18. Your plan includes statements on the Exhibit C map that no mining will occur within 200' of [he C.D.O.T. <br />right-of--way and the Excel Towers and within 6S of the Fulton Ditch without agreements or approvals <br />from the owners. Any such agreements or approvals must be reviewed and approved by [he Division of <br />Minerals and Geology before Aggregate Industries can affect the land in question. Please add such a <br />statement [o your application. This will also be the case for any other structures within 200 fee[ added to <br />the amendment application. <br />EXHIBIT E -Reclamation Plan <br />19. You have included reclama[ion/revegetation plans in your Exhibit J -Soils Information. Please include the <br />plans in this exhibit or explain why [hey aze not included in this exhibit. Slate whether you aze committing <br />to these plans under this exhibit. <br />20. In accordance with Rule 6.4.5(a), state the amount of affected acreage accorded to dry land revegetation <br />and to wetland revegetation. <br />21. Section 3.1.5(1) requires that grading shall be carried on so as to create a final topography appropriate to <br />the final land use selected in the Reclamation Plan. Please clarify the statement "Interim planting of <br />wetlands vegetation shall be undertaken, whenever a minimum of 5 acres has been filled to within 3'-5' <br />above the original lake surface." This sentence seems to imply that wetlands will be established on aeeas <br />backfilled to 3'-S above the ground water level. Wetlands can only be established where water 15 a[ Or <br />near the soil surface. Lands filled to 3'-5' above [he original lake surface cannot be successfully reclaimed <br />[o wetlands unless something is done [o raise the water surface. Please clarify your backfilling/grading <br />plans in relation to the areas [o be reclaimed to wetlands. <br />22. Section 3.1.5(11) states "No unauthorized release of pollutants to groundwater shall occur from any <br />materials mined, handled or disposed of within the permit area." An adjacent property owner, Karen Topper, states <br />that the Henderson azea is within a ground water contaminant plume. She states that the Henderson azea was <br />identified as containing high levels of diisopropylmethylphosphonate (DIMP). She states "Given the known <br />contaminant plume in [his azea, excavation activities associated with removal of aggregate materials within [he zone <br />of water table fluctuation will remobilize contaminants [ha[ had adsorbed on the subsurface alluvial materials. She <br />says "This mobilization can produce an immediate threat to human health by ingestion of contaminated drinking <br />water supplies. Ms Topper's domestic use well, according to her is 30 feet east of the property line (65 feet from <br />your proposed mining limit boundary) and developed in a bedrock aquifer. Demonstrate that the contamination <br />DIMP and other contaminants she refers [o do no[ exist in [he amendment azea or if they do, demonstrate that your <br />proposed mining and reclamation operations will not mobilize it and contaminate her drinking water to a level above <br />safe drinking water standazds. (see Rule 3.1.6(b) If the Division determines that there is potential for your <br />proposed operation [o affect ground water quality you will be asked to address the specific requirements of Section <br />3.1.7 of the Rules <br />23. Ms Topper states that if water levels in the lake are reduced significantly, the resulting water level decline <br />in the surrounding aquifer may be such that her well would go dry when pumped. Demonstrate that your <br />mining operation will not lower the water table to the extent that i[ would result in injury to [he water rights <br />in her imgation and other wells. Make this same demonstration for any other wells within 600 feet of your <br />proposed amendment area affected land. (Rule 3.1.6(a)) <br />