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Mr. Lloyd V. "Buck" Barnhart -4- June 5, 1996 9. Exhibit L As noted in Exhibit D, the applicant states, "It is estimated that actual disturbance of any area due to mining operations will be limited to no more than 31.1 acres of active excavation and a total of no more than 30 acres of active disturbance for the plant site, stockpile area, and roads." However, the applicant states in this exhibit that the net acreage to be reclaimed is 240.9 acres. Why the large discrepancy? The applicant does not include a cost estimate for backfilling the excavated wet pits. Pursuant to Rule 4.2.1(4), in part, the amount of the Financial Warranty shall be sufficient to assure the completion of reclamation of affected lands if the Office has to complete such reclamation due to forfeiture. Reclamation includes all measures taken to assure the protec- tion of water resources. Backfilling is the most effective method of protecting groundwater resources, so the operator needs to submit a cost estimate for backfilling operations. 10. Exhibit N Submit documentation that provides a legal right to enter the BLM acreage in the NE',4 NE'/e NW'ti Section 3-21S-63W or eliminate the acreage from the permit area. l 1. Exhibit S As noted above, there is a C1G pipeline in the NE'b Section 33-20S-63W which you failed to include in this exhibit. Please address. Mr. John Sliman stated during a phone conversation on June 5, 1996, that Southwest Ready-Mix, lnc., purchases water from the Board of Water Works of Pueblo, Colorado, to replace evaporative losses from the wet pit. These purchases will continue until the water issues are resolved in Water Court. If [his statement is accurate, the Division will not require a reclamation plan for backfilling the wet pit nor will the applicant be required to submit a cost estimate for backfilling operations. The applicant must submit documentation for the water purchase (the application contains a purchase agreement for 1995). Pursuant to Rule 1.8, you need to deposit a copy of your response with the County Clerk and Recorder and submit proof to the Division [hat the Clerk and Recorder received a copy. if you have any questions, give me a call. Sincerely, _ ,~~~-~ James Dillie Environmental Protection Specialist JD/bjw cc: John Sliman Southwest Ready-Mix, Inc. ~eM'V21OIPfi.ID