PERMFILE135910

• Permit No: M2004078
• IBM Index Class Name: Permit File
• Doc Date: 6/21/2005
• Doc Name: decision letter
• From: dmg
• To: sw tko joint venture llc
• Media Type: D
• Archive: No

control and assurance plan for the Division's review and approval. A copy of the revision shall be
forwarded to the Colorado Department of Transportation (CDOT) when submitted to the Division
of Minerals and Geology.
The applicant shall submit and obtain approval from the Division of construction reports on clay-
lined slopes that have been completed in order to initiate the next 6,000 lineal feet of mining.
Final release of the clay liner must be obtained from the Office of the State Engineer in order for
the Division to release any remaining reclamation bond.
Stj~ilatinn Nn_ 4
The applicant will construct perimeter berms, as shown on the mining and reclamation plans, at the
beginning of each respective mining phase. The berms shall be seeded with the specified seed mix in the
fall or the spring. The applicant shall install irrigation, trees and shrubs as soon as it is feasible after the
berms have been constructed. Planting for deciduous trees shall occur prior to October 15`n and after
March 15`n. Planting for evergreen trees shall occur prior to October 1st and after March 15tH
~j~ntatinn Nn_ 5
The applicant will not mine within 100 feet of the toe of the slope from the Kerr-McGee gas line until an
agreement between Kerr-McGee and the operator for compensation, or to relocate the gas line and
associated facilities has been reached and submitted to the Division. Submittal of the agreement and
relocation plan for the gas lines and associated facilities must be submitted in the form of a revision to the
permit. A copy of the revision shall be forwarded to the Colorado Department of Transportation (CDOT)
when submitted to the Division of Minerals and Geology.
Stimilatinn 6•
The applicant will maintain a 120-foot setback from the toe of the mining excavation to the eastern edge
of the CDOT Right of Way for Highway 85. To provide an additional static safety factor against the
geotechnical model uncertainty and precipitation/runoff conditions, the assumed phreatic surface will be
10 feet above bedrock for the purpose of establishing distance between toe of slope and CDOT Right of
Way. Applicant will provide the monthly groundwater level data to the DMG with a copy to the CDOT.
If the subject phreatic surface is found to be more than 10 feet above bedrock at any time during mining,
the lower portion of the slope (saturated portion) will be buttressed with a wedge of pit-run sand and
gravel material compacted to 90 percent of maximum dry density with an out slope no steeper than
4H:1 V. Buttress constmction will be completed within 90 days of detection of ground water level higher
than 10 feet above bedrock.
Stinnhati~n 7•
The applicant will separate the finished reservoir surface a minimum of 50 feet from the eastern edge of
CDOT US Highway 85 Right of Way. The applicant will submit an appropriate revision to the permit
describing mitigation measures addressing the potential for wave action and windblown water to
adversely impact Highway 85. Mitigation measures will be installed within the 50-foot setback from the
right of way. CDOT will be provided with a copy of the revision application at the time of submittal to
DMG.
The amount of financial warranty set by the Division for this operation is $3,618,200.00. You must submit a
fmancial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you
have requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type
of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty
form. We have enclosed a performance wan•anty form with this letter for your use.