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i IV) Exhibit "D" 6.4.4 Mining Plan, A) On Exhibit "D" the operator states, "Asphalt and concrete Batch plants may be set- up on site, the operator did get the permitted use at Otero County for such use, however before any batch plants are set-up for production the operator will submit a Technical Revision to the Division for approval. B) The mining plan map shows one (1) Rectangle and five (5} Circular symbols. They are the proposed plant location "Rectangle "Area, and Product Stockpile Area "Circles", they are ttow shown in the Map Legend. The faded symbols show future locations the 2nd Plant site, itt Phase #3, and the 3rd Plant site in Phase #4. On the Mining Plan Map we show the 5 Phases of mining area listed as follows: Phase Acres 1 100 2 95 3 104 4 104 5 64 467 Total Acres. We have added the phased areas and don't come up with any other answer than 467 acres, the only problem we see is that we also show the Special Use Area which is 547 Acres. We have no other ideas please help us verify. C) If water is used at a future date the Division will be supplied with a Technical Revision prior to any such system and controls or ponds, etc... for approval. This is a high and dry pit and all processing will be dry screened. D) The operator understands that it will no[ be allowed to exceed 35 Acres at any time, including haul roads and process area. [f additional area is needed for some reason in the future the Division will be notified and the appropriate measures will be taken. V) Exhibit "F" 6.4.6 Reclamation Plan Map Deemed Adequate - no change. VI) Exhibit "G" 6.4.7 Water Information A) On the pre-mining Wrap submitted a stnall unnamed gulch is shown on the east end of the Otero County Permit Area just outside of the MLRB 112 Permit area. This gulch will not be disturbed at any time during mining. The only requirement will to be a dry crossing structure either a concrete pan or a culvert. No excavating is to be done at any place along or at the head of this gulch, therefore no effect should occur to the Rocky Ford High Line Canal, please note that it appears that the gulch in question does not ever reach the canal but dies out into the surrounding terrain.