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May 21, 2008 <br />Pg. 2 <br />Rule 6.4.7 Exhibit G - Water Information <br />Please indicate the source of your information regarding the known aquifers. <br />Rule 6.4.19 Exhibit L - Permanent Man-Made Structures <br />1) Applicant must provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any damage to the structure; or <br />where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the <br />mining operation. <br />Please provide evidence that notarized agreements were pursued between the applicant and the owners <br />of all structures listed in Exhibit S (page 56) of the original application, with the exception of the <br />DeWild fence which is planned for removal prior to mining. In addition, the application must provide <br />evidence that notarized agreements were pursued with the City of Thornton regarding the structures <br />listed in their letter of concern dated February 25, 2008, including: <br />• the soil-bentonite cutoff wall below the dam <br />• the concrete surface water diversion ditch <br />• the reservoir ground water drain <br />Only in the event that agreement cannot be reached between the applicant and the person(s) having an <br />interest in the structure may the applicant, in lieu of reaching these agreements, submit engineering <br />evaluations for the identified structures. <br />2) In order to be in compliance with Rule 5.10.1.2 of the Colorado Division of Water Resources' Rules <br />and Regulations for Dam Safety and Dam Construction, applicant should revise the Mining Plan so that <br />the border of the affected area, i.e., the top of the mine highwall, is at least 200 feet away from the toe <br />of the reservoir dam. <br />3) Applicant has stated that shallow surface wells within the permitted area will be removed, but it is <br />unclear from the maps provided which are the wells in question. Please provide a map showing all of <br />the wells, and indicate on the map which ones will be removed. Also, please provide written <br />verification that the City of Thornton has given permission for removal of any wells. <br />If you have any questions, you may call me at (303) 866-3927. <br />Si cerely, <br />UV?14V <br />David A. Bird <br />Principal Scientist - Environmental Protection Specialist <br />Cc: Albert Frei & Sons, LLC <br />Ms. Emily Hunt - City of Thornton