2001-02-21_REVISION - M1977493 (4)

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• The 9.95 acres to be deleted from the existing Climax permit area have not been disturbed by either the existing operation or any previous operator where a succession of operators has occurred. • The existing reclamation plan, post mining land use (rangeland, recreation, developed water resources, and industrial/commercial),and financial warranty amount are appropriate and adequate for the 9.75 acres to be added to the affected land. • The total affected acreage to be added is less than(by 0.2 acres)the acreage to be deleted. The following process, as directed in the DMG policy,has been or will be followed: • A standard request for a reclamation liability release for the 9.95 acres of land to be deleted from the Climax permit was submitted by Climax on February 2, 2001, in advance of approval of this TR. • A completed DMG amendment application form is included in Appendix A. New amendment Exhibit A (legal description of exchange areas), Exhibit Q (proof of mailing inotices to county commissioners, soil conservation districts, and landowners -managers - easment holders within 200 feet of the affected area perimeter; certification of posting of the public notice at Climax site), and Exhibit R(proof of filing with county clerks and recorders)are consolidated in Appendix C. Proof of mailing to those landowners or easement holders received after filing of this TR and first publication of the public notice will be forwarded to DMG for inclusion as per Rule 1.6.2(1)(e). All other required amendment exhibits are unchanged from AM-003 and the original permit. 3.3 Financial Warranty As discussed,this affected land exchange results in the net deletion of 0.2 acres of affected land from the Climax permit area. However, because of the small amount of land involved, Climax does not propose any changes in the present financial warranty for reclamation based upon this action.