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designed to encourage use by wildlife. The affected area gone through the I©cal SUP and was <br />approved Therefore, basing reclamation cost on other than what the Applicant has proposed <br />would serve no useful purpose. Plus, the proposed reclamation plan for the areas other than <br />reservoir, support facilities and roads is actually adequate to support use by wildlife species. <br />C) "lt is the understanding of the Division that the Applicant has committed to slope angles <br />3:1 or gentler. However the Division normally recommend the first 10 feet of the slope angles <br />that will tae tinder water to even be gentler than 3:1 slope." <br />Response: The proposed structure will not be available for recreational use, or designed for use <br />by wildlife 1 he proposed facility is a water storage reservoir and as such the slope angles are <br />intended to maximize water storage and ensure slope stability. An ideal structure would have <br />vertical side slopes in order to maximize available water storage. A1sU, as u water storage <br />reservoir, water levels will f luctuate from full to possibly nearly empty. <br />D} "The applicant states, `all the material excavated as part of the Excelsior Ditch retocation, <br />will either be used for permanent visual berm and/or construction of earthen dams (dependent on <br />the quality of the material for such construction.' In order for DRAdS to calculate the required <br />warranty for removal and transport of such items, we will need the estimated size and location of <br />the proposed stockpile. In addition, please show locations of all top soiUoverburden stockpiles in <br />the reclamation map. The applicant has stated that at1 stockpiles wilt be placed outside of the <br />! 00 year/24 hour Mood Plain Area. In the map, please indicate the extent of the 10(} year/24 <br />hotu flood plain area." <br />Response: The mine plan map included with the appl icatian shows the location and approximate <br />area of each proposed stockpiles. Qne .should assume that each visual berm and all other <br />stockpiles will be up to 15 feet in height. Any visual berms constructed during the mining <br />operation will be a permanent post mining structure and will be reclaimed as built. Therefore, <br />at mast, there could be casts for final grading, seeding and weed control. TTZere would be na <br />costs associated with removal. overburden and topsoil stock{~iles are also shown on the mine <br />plan map. The location of the IOfI year flood plain is .shown on the mine plan map as a dashed <br />lute and so marked It is likely that as the project progresses, the Applicant will need to file <br />technical revisions to adequately deal with excess materials that may not be used or sold o, f)`'site. <br />It is the desire of the Applicant to sell as much excess material as possible over what will he <br />neededfor site reclamation and dam facilities construction. <br />Adequacy items N A-F: <br />A} "Under ttris Exhibit, the Applicant is regtrirQd to provide the locations of all permitted <br />wells within bU0 feet of the permitted area. Applicant is also requured to obtain a damage <br />mitigation agreement from all the well owners, in the event impacts occur due to the proposed <br />operation." <br />Response: We da not agree with this requirement. The provisions of C.RS 34-32.5- <br />11 S(3) (e)only require that an aped icant protect structures that are within 2Q4 feet of the affected <br />land and not the permit boundary. For arty structures within 100 feet of the affected land, the <br />