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6.4.4 EXHIBIT D - Mining Plan <br />9. The applicant indicates that handling of fuel will conform to all local, State, and <br />Federal regulations. The operator must indicate that there is a Spill Prevention <br />Control and Countermeasure (SPCC) plan in place and that the SPCC plan will be <br />implemented prior to storage of fuel or oil products. This can be done by submitting a <br />letter to the Division, on company letterhead, affirmatively stating that the plan has <br />been implemented. The operator does not need to submit a SPCC plan to the <br />Division; however it must be available for review at the facility or the nearest field <br />office during an inspection conducted during normal business hours. <br />10. The Mining plan indicates that the overburden piles will be stored within the <br />proposed mining area. Please clarify that the overburden and topsoil stockpiles will <br />be separated and stored individually. In addition, identify and label the locations of <br />the stockpiles on the Mining Plan Maps. <br />11. Include a Topsoil Handling Plan that addresses removal, stockpiling, and placement <br />of topsoil. In addition, verify that the volumes proposed to be stripped equal stockpile <br />volumes. <br />12. The Mining Plan calls for installing dewatering trenches along the perimeter of each <br />mining area in Phases 2-7. Please explain how dewatering will be accomplished in <br />each phase to a depth of 70 to 90 feet with a 3H: IV slope on the outside half of each <br />phase. <br />13. The Mining Plan states that there will be a minimum 150 foot setback from existing <br />oil and gas facilities. The Division requires a minimum 200 foot setback from every <br />permanent man-made structure unless an executed damage waiver agreement has <br />been submitted per Rule 6.4.19(a). If an agreement cannot be reached then an <br />engineering evaluation can be used to demonstrate that mining will not result in <br />structural damage per Rule 6.4.19(b). <br />14. Please describe in detail how mining will progress during each phase and from phase <br />to phase with a 70-90 foot highwall. Include enough information in the text and on <br />the maps for the Division to calculate the maximum interior highwall dimensions that <br />will require 3H: IV slope. This information is necessary to assist us with our financial <br />warranty calculation. <br />15. The Mining Plan Map shows that a portion of the affected acreage lies within the 100 <br />year floodplain of the Poudre River. There is the possibility that water could enter the <br />pit during a 100 year flood event, resulting in headcutting of the headwall. The <br />Division asks that you consider implementing measures to keep water from entering <br />the pit during such an event. <br />16. The Mining Plan states that a perimeter drain will be installed, "...if needed to <br />convey groundwater around the lined reservoir after the slurry wall is installed". The