2008-02-27_PERMIT FILE - M2008010

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Mud Creek Pit -Reclamation Permit Application -112 (C) Exhibits Page 20 of 67 SECTION E-2. COMPARISON OF LAND USE The proposed post-mining use conforms to present and planned land use for the area. The property is currently "Unzoned" (UNZ). $ Uses by right include all existing uses. Mining and agriculture are both existing uses on the property. There are no applicable state land use plans, to our knowledge. The site is surrounded by private land with a variety of uses including mining, industrial activities related to mining, agriculture, agricultural/rural, and highway- service commercial. Zoning in the area varies greatly and includes AR3-9 (preference) on the adjacent property to the west., AR10-34, AR35+, ARES, and UNZ. Properties to the south across US-160 include more similar land-uses, including industrial and commercial use. Use for mining and after reclamation for the possible uses as discussed above conforms with both immediate land use and land use in the general area (from the Mancos town limits approximately 1 mile east to the Mesa Verde National Park interchange approximately 5 miles west). SECTION E-3. COMPLIANCE WITH RECLAMATION STANDARDS In demonstration of compliance with state standards (Rule 3.1), the following information is provided. Please refer to maps in Exhibit E. There is no reason to believe that toxic oracid-forming, or toxic producing materials are found or will be brought on site. Therefore no special action is necessary to prevent leaching, protect the drainage system, or prevent unauthorized release of pollutants to surface water or groundwater, beyond that necessary for erosion control and prevention and control of spills and leaks from vehicles and equipment. Grading and Backfilling Most mining faces will be a vertical slope; with topsoil stockpiles placed above the face, and approximately 22 feet to the rear of the face. Excess fines may also be stored in stockpiles on the final floor of the pit, until placed in final reclamation areas. Exterior (perimeter) faces of pits will be mined, backfilled, or left sufficiently distant from the permit boundary or buffer zone boundary to cut and fill to a 1 V:3H slope or flatter. At 1 V:3H, the slope will be average 22 feet high and 66 feet wide. However, mining will be done in many areas where the perimeter slopes are daylighted due to pre-mining contours. All final slopes will be covered with stockpiled topsoil. See cross-sections in Figure E-4-1. Grading to control erosion, siltation and prevent damage Grading will be done so that erosion and sediment is controlled on affected lands and so that there is no damage to areas outside the effected land. All highwalls (mining faces) will be eliminated, and final slopes will be below the angle of repose to prevent potential slides or other damage on affected lands or outside the permit boundary. No mining, disturbance, or reclamation is planned within delineated floodplains. Performance as soon as feasible Some areas, such as those involved in the replacement/improvement of the Mud Creek access road and the field drainage (performed prior to mining), will be reclaimed immediately. However, for most of the affected area, the time between initial disturbance and final reclamation will be approximately one year. Because of the size and the post-reclamation use as irrigated cropland and pasture, most land can be immediately put to use after reclamation, rather than requiring atwo- or three-year wait to meet reclamation standards. Backfilling, grading, and placement of topsoil should be accomplished within one year of completion of extraction of construction materials, with seeding to follow as soon as possible based on recommendations and standard farming methods (See Exhibit L). Refuse and acid-forming or toxic producing materials See introductory paragraph. No acid-forming or toxic producing materials will be produced or disposed of on site. Fines from processing will be almost immediately moved to final locations for final reclamation surfaces and slopes. Clean construction and demolition debris will be used only as backfill and immediately covered with on- site backfill material and topsoil. $ Under the current Montezuma County Land Use Code and other law, "Unzoned" (UNZ) is a zoning category.Agriculture and "agriculture/rural" are official zoning districts highway-service commercial is not. McStone Aggregates, LLC 15 FEB 2008 ©WASTELINE, INC 2008 PN 5006.1-4(009)