2009-03-11_REVISION - M1999098 (6)

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Mr. Eric Scott March 10, 2009 Page 5 of 9 impacts to wells within 600' will be mitigated. The applicant believes that it is a more efficient use of resources and requests that the Division accept the comprehensive Groundwater Monitoring and Mitigation Plan in l/eu of a model. A ground water monitoring program was established with the currently permitted operation and has been expanded to incorporate the proposed amendment properties. There are thirteen (13) ground water monitoring wells around the perimeter of the existing mining operation. Data from these wells has been collected on a monthly basis since December, 2001. Seven (7) additional monitoring wells were installed around the perimeters of the amendment properties in January, 2008. Data from the new wells is also collected monthly, which currently provides a full year of baseline, pre-mining data relative to the amendment areas. Ground water levels at wells associated with both the existing mine area and the amendment areas will continue to be monitored on a monthly basis throughout the life of the mine. The location of all of the monitoring wells appear on both Exhibit C - Pre-Mining Plan and Exhibit C - Mining Plan. On page 2 of the Groundwater Monitoring and Mitigation Plan provided in Exhibit G, it is stated in the last sentence of the third bullet point under Groundwater Mitigation that: "If, however, a subject well has not been put to beneficial use prior to mining then Aggregate Industries would have no responsibility to provide mitigation". Please remove this language from the application. Aggregate Industries will be responsible for mitigation of any licensed well that DRMS has determined to have been adversely impacted by Aggregate Industries activities, regardless of the well's use prior to mining activities. The operator acknowledges that it will be responsible for mitigation of any licensed well that DRMS has determined to have been adversely impacted by operators mining activities, regardless of the well's use prior to mining activities Please be aware that you will need to commit to not exposing groundwater in the amended areas until proof is provided that the Substitute Water Supply Plan has been approved, or you will be required to post a bond for 100% of the cost to backfill the operation. If the Substitute Supply Plan has been approved by the State Engineer, please provide verifying documentation. Aggregated Industries WCR, Inc. manages Temporary Substitute Water Supply Plans for each river basin where they have ongoing mining activities. The existing mining activities on this site are included in the approved plan for the Cache La Poudre basin and the amendment areas have been incorporated into the plan and approved by the Office of the State Engineer (copy of approval letter dated September 22, 2008 is enclosed). The applicant will not expose ground water on the amendment areas until the Office of the State Engineer (SEO) has issued the required well permit for expansion into the amendment areas. Also the reclamation plan for the site has been changed from lined to unlined groundwater ponds. The long-term water augmentation plan for the proposed unlined lakes to be left on site after reclamation must also be approved by SEO prior to permit approval. Please provide verifying documentation. rzo