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The reclamation plan map (Exhibit F) has been edited in the cross-section view (A-A') to show that the 4 ft. thick clay liner will be keyed a minimum of 4 ft. into the underlying shale. The issue regarding mounding of alluvial groundwater has been reviewed and a groundwater modeling report has been provided (Addendum A) to address the potential effects of groundwater mounding- to nearby structures. 6.4.7 Exhibit G-Water Information The substitute supply plan (SSP) and well permit application have been submitted to the State Engineers Office (SEO) and has been sent out for review by the SEO's consultant (Wright Water Engineers). We received a request for additional information on November 21, 2005 and will have responded to this request by the date of this letter. It is, however unlikely the SWSP will be approved by the decision date of December 1, 2005, therefore, we request that a condition be placed on the permit that would disallow mihing any deeper that 2 ft. above the normal static groundwater level on the permit area. All dry mining discharge from this site will be pumped through the two existing 18 ih. culverts on the owner's property and into the pond to the north, also owned by the Nelsons. All wells, whether alluvial or bedrock, within and outside of 600 ft. of the proposed permit boundary, are shown on Exhibit C-1 "Pre-Mine Map". The applicant will adhere to the SEO 600 ft well spacing policy. 6.4.19 Exhibit S-Permanent Man-Made Structures Attempts have been made to secure agreements with owners of permanent man-made structures within 200 ft (owners) of the affected area. The applicant has been able to execute an agreement with the Last Chance Ditch Company. Per rule 6.4.19 (b) and given that such agreements could not be reached with all other owners in a reasonable period of time, the applicant is providing an engineering evaluation (6.5 Geotechnical Stability Exhibit). Pit setbacks from all structures are defined by the results of 6.5 Geotechnical Stability Exhibit. Weld County Roads 15 and 26, and the structures immediately southeast of the permit boundary (Nelson House and Associated Outbuildings) have been added to Exhibit C-2 Sheet-1 and Exhibit S. The Nelson House and Associated Outbuildings are owned by the same landowner from which ASCI is leasing the gravel and has no issue with the mining setback in this area. A signed letter documenting this has been enclosed.