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of process water from the site. All ground water pumped from within the confines of the <br />slurry walls and discharge to the Arkansas River by way of the Excelsior Irrigation Ditch <br />will meet receiving water standards. <br />(c) Compliance with applicable with applicable federal and Colorado dredge <br />and fill requirements: The Operator will comply with all applicable federal and <br />Colorado dredge and fill regulatory requirements. Where necessary, a Corp of Engineers <br />404 permit will be obtained prior to any dredging or filling of wetlands. At this time the <br />Operator is not aware of any wetlands that could be affected by the proposed operation. <br />In addition, comments from the Division of Wildlife requested that riparian areas be <br />avoided, where possible. <br />(d) Remove temporary or large siltation structures from drainage ways after <br />disturbed area are revegetated and stabilized, if required by the Reclamation Plan: <br />Some earthen structures may remain as part of the post mining land use, (low earthen <br />dams surrounding the excavated pits as an example.). In addition, other structures may <br />be retained to control erosion during site reclamation and on into post bond release in <br />order to comply with storm water control requirements. <br />{2) Earthen dams, if necessary to impound water, may be constructed if the formation <br />of such impoundments will not damage adjoining property or conflict with water <br />pollution laws, rules or regulations of the federal government, the State of Colorado <br />or with any local government pollution ordinances: Earthen dams will be <br />constructed as part of the post mining land use in order to provide for maximum capacity <br />for the developed water resource. The highest constructed earthen embankment for the <br />East Pit structure will be approximately 20 feet in height. The structure's slopes will not <br />be greater than 3H:1 V. The out slope of the structure in the area of the extension that <br />runs to the southeast will be protected with either rip-rap or hard surfaced sufficient to <br />handle the 100 year flood flow velocities. The remainder of the embankment exposed to <br />the 100 year flood will be appropriately protected. <br />The West Pit earthen embankment that will surround this pit will be approximately 15 <br />feet high. The out slopes of this structure will also be appropriately protected against the <br />100 year flood flow velocities. The majority of these storage structures will be incised <br />and will be the result of the extraction operations. The locations of these structures are <br />such that surrounding property owners will not be impacted. The detailed construction <br />designs and construction of the earthen embankments will be in accordance with <br />applicable federal, State and local ordinances and regulations. <br />These structures are intended to be water storage facilities. Therefore, no conflicts with <br />water pollution regulations or statutes will occur. <br />J <br />