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• Mr. Stan Weedon -3- November 17, 1983 1. Page 1, Question 1 - The Division has no jurisdictional authority in this area. 2. Page 1, Question 2 - The Division has no jurisdictional authority in this area. 3. Page 1, Question 3 - The Division raised this same concern during our adequacy review. The operator has specified the drainageways will not be affected by the mining operation. Robinson has specified diversion ditches will be constructed to divert runoff around the mine area instead of allowing this water to run through the pits. The operator will not construct any sedimentation ponds because of the above referenced diversion ditches and because of the rapid percolation of water into the sandy soil. At the tune of final reclamation, the two drainages entering from under Alameda Avenue on the north side of the permit area will be maintain. To alleviate the potential for erosion of the reclaimed slopes, the slope drainageways will be riprapped. Runoff will exit the permit area at the same place it currently exits. 4. Page 1, Question 4 - This question will oe deferred until the time of request by Robinson for financial warranty release only if subsidence occurs and is attributed to Robinson's activities. If subsidence occurs because of the underground coal mine and not because of Robinson, then Robinson will not be held responsible under this law because of no jurisdictional authority. However, if subsidence does occur because of Robinson's activities, then Robinson will have to address the subsidence issue and the corresponding remedies. Implementation of the remedies will have to be carried out by Robinson before the Division would recommend financial warranty release to the Board. 5. Page 1, Question 5 - The Division has no jurisdictional authority in this area. 6. Page 2, Question 1 - All disturbed areas will be reclaimed. 7. Page 2, Question 2 - The operator has committed to analyzing the soil material on this site for nutrients and will fertilize accordingly. Prior to financial warranty release, the operator must re vegetate, pursuant to C.R.S. 1973, 34-32-116(1)(f), "... in such a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer, and is at least equal in extent of cover to the natural vegetation of the surrounding areas". 8. Page 2, Question 3 - It is the Division's understanding of this operation that no blasting is needed for mining of the clay, therefore, no blasting will occur.