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June 10, 2008 <br />Pg. 2 <br />Rule 6.4.4 Exhibit D - Mining Plan <br />Pursuant to Rule 6.4.4(f)(ii), please provide the nature of the stratum immediately beneath the material to <br />be mined. <br />Rule 6.4.7 Exhibit G - Water Information <br />Applicant states that mining will stop at an elevation 2 feet above the adjacent creek level. Applicant is <br />reminded that the water table generally mimics topography, and at distances away from the creek the <br />water table may exist at a level higher than the elevation of the adjacent creek. <br />Applicant has stated in the document and provided sufficient justification that the operation will not affect <br />surface or ground water. However, per Rule 6.4.7(l), applicant shall submit the statement as part of <br />Exhibit G. <br />Rule 6.4.12 Exhibit L - Reclamation Costs <br />Applicant proposes a phased bond, but no details are provided on how they would like the bond <br />structured. Please describe how the bond will be structured and tied to the different phases of mining. <br />The Division received only one comment from governmental agencies or the public. The letter is <br />included. <br />As always, if you have any questions, please feel free to call me at 303-866-3927. <br />Si rely, <br />! _ 1 <br />David A. Bird <br />Environmental Protection Specialist, Senior Geochemist <br />cc: David Archer & Associates <br />Tony Waldron - DBMS