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<br />ground water, we have agreed to do these". <br />A) What is the depth to ground water in the area to be affected? How does the operator plan to <br />accomplish staying 18" above ground water? Are there going to be ground water monitoring <br />wells installed prior to commencement of mining? Please explain. <br />IV) Exhibit E, 1, J & K <br />Under Exhibit Dand Gsub-section (e) the operator has stated, "we do not anticipate any over <br />burden other than top soil but in the event that we do, it will be utilized to flatten out slopes of <br />mined out azeas". However, the Soil Conservation report which Kirkland Construction agreed to <br />follow in the reclamation plan for the azea states, "At least 18 inches of subsoil material should <br />remain on site prior to spreading [he top soil. The subsoil material should not be compacted". <br />Please indicate on all appropriate maps and exhibits, where this top soil will be placed. The <br />Division will require this information to calculate the financial warranty for the site. The <br />Division estimates approximately 96,800 cubic yazds to be needed for the 40 acres of phased <br />maximum disturbance. <br />V) Exhibit N Source of legal right to enter. <br />The Division was contacted by Pueblo County regarding your source of legal right to enter the <br />property. Does Kirkland construction have the legal right to access the proposed permit area? <br />Please be advised that the application may be deemed inadequate and maybe denied on 7-29-98 <br />unless the above adequacy items aze addressed to the satisfaction of the Division. <br />If you have additional questions or concerns, please contact me. <br />Sincerely, <br />Berhan Kef1'elew <br />Environmental Protection Specialist <br />cc: James Stevens <br />