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E) It is the understanding of the Division, the maximum area that will be disturbed at any given time <br />will not exceed 63 acres. Depth of mining will not exceed 40 feet with the average depth being 33 <br />feet. Please verify. <br />F) The applicant is planning to obtain a discharge( dewatering permit) from the Colorado Department <br />of Health and Environment, so the pit will be mined dry. However, the operator refers in several <br />areas of the application the probable use of dredging. Normally when a slurry wall is in place in <br />addition to de~watering, one assumes dry mining, which method of mining will be implemented, <br />please explain. <br />III) Exhibit "E'" Reclamation Plan 6.4.5 <br />A) The applicant states;' The reclamation plan addresses the following conceptual slurry wall <br />construction'. The division can not approve a reclamation plan based on a concept. According to <br />Exhibit "F" RE~clamation plan map, the operator shows two large lakes, one measuring <br />approximately 171 acres along the East side and another one along the west side measuring <br />approximately 127 acres, with a slurry wall around the perimeter of each lake. In order for the <br />Division to calculate the required warranty, a detailed design, construction and QA/QC for the <br />proposed method is required. As stated earlier, the slurry wall design, construction and QA/QC has <br />to be approved by the State Engineer's Office. Please provide the approved design. <br />B) The applicant states' a comparison of the proposed post mining land use to other land uses in the <br />vicinity and to adopted state and local land use programs,. Where the post mining land use is for <br />commercial purposes, appropriate evidence supporting such reasonable assurances, shall be <br />submitted, if not a plan for re vegetation shall be submitted". The first sentence didn't make sense. If <br />the intent is to have areas not covered by the lake as post mining land use to be other than the <br />current Range Land/ Wild Life Habitat, the applicant will need to submit a revision to the permit <br />with proof from the county that the area has been designated as proposed. Until such time the <br />Division will base all post mining land use warranty calculations as such. Please explain. <br />C) It is the under;>tanding of the Division that the applicant has committed to slope angles 3:1 or <br />gentler. However the Division normally recommend the first 10 feet of the slope angles that will be <br />under water to even be gentler that 3:1 slope. <br />D) The applicant ;states;' all the material excavated as part of the Excelsior Ditch relocation, will either <br />be used for permanent visual berm and/or construction of earthen dam( dependent on the quality <br />of the material for such construction'. In order for DRMS to calculate the required warranty for <br />removal and transport of such items, we will need the estimated size and location of the proposed <br />stockpile. In addition pleas show locations of all top soil/overburden stockpiles in the reclamation <br />map. The appliicant has stated that all stockpiles will be placed outside of the 100 year/24 hour <br />Flood Plain Area. In the map, please indicate the extent of the 100year/ 24 hour flood plain area. <br />N) Exhibit "G" Water Information 6.4.7 <br />A) Under this Exlubit, the Applicant is required to provide the locations of all permitted wells with in <br />600 feet of the permit area. Applicant is also required to obtain a damage mitigation agreements <br />from all the well owners, in the event impacts occur due to the proposed operation. <br />B) The applicant ;states a dewatering NPDES permit will be obtained from the Colorado Department of <br />Health & Environment, in addition to the slurry wall construction so the pit will be mined dry. In <br />the reclamation plan, the applicant states, pit floors will be under water. Is the pit going to be mined <br />dry or is it goutg to be dredged ?Please explain. <br />C) The applicant ;>tates, "the water rights from South West Farms and Excelsior Ditch will be used for <br />this mining". According to the State Engineer the water rights decreed for irrigation use and may <br />"NOT" be used in this mining operation unless a change of water rights is approved by Division 2 <br />water court". Please provide proof that the use for the decreed water has been changed from <br />Irrigation use to Mining. <br />