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Division of Reclamation, Mining, and Safety (DRMS) Responses <br />a) The issue raised by the above comment is related to Rule 1.6.2(1)(d) & (e) of the <br />Construction Materials Rules and Regulations, regarding publication and notification to <br />adj acent landowners. <br />The applicant did, in fact, originally notice that the site is located in section 14 of township 34 N <br />and range 7 W, whereas the site is actually located in section 14U of this township and range. The <br />Applicant addressed this deficiency by republishing and re-noticing with the proper section <br />information. <br />Division Comment <br />The Division believes that the Applicant has adequately addressed this deficiency. <br />2. Rule 3.1.6 - Reclamation Performance Standards <br />• The original comment letter states that the approved augmentation plan for the site is for an <br />area 28.39 acres in size. The letter further states that any increase of exposed water surface area <br />in excess of this acreage would be in violation of the augmentation plan. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1.6 of the Construction Materials <br />Rules and Regulations, requiring the Operator to comply with applicable Colorado water laws and <br />regulations governing injury to existing water rights. The applicant performed a survey of the <br />operations at the site and indicated that the current operation is in compliance with the 28.39 acre <br />restriction of exposed groundwater. Further, the acreage related to this amendment is located <br />adjacent to an area that has been mined with no additional groundwater exposure. Therefore, <br />mining in the amended area is not expected to increase the acreage of exposed groundwater. <br />Division Comment <br />The Division believes that the applicant has adequately addressed the issue raise by these <br />comments. <br />3. Rule 3.1.6 - Reclamation Performance Standards <br />• The original comment letter expresses concerns related to ownership of the water rights related <br />to the approved augmentation plan for the site and therefore questions whether the operation <br />can still continue under the approved plan. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1.6 of the Construction Materials <br />Rules end Regulations, requiring the Operator to comply with applicable Colorado water laws and <br />regulations governing injury to existing water rights. The applicant has indicated that although the <br />2