2009-03-11_REVISION - M1999098 (6)

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Mr. Eric Scott March 10, 2009 Page 6 of 9 It is our understanding that Gravel Mining operations can be permitted by the DRMS with the commitment that no ground water will be exposed until an approved Temporary Substitute Supply Plan (TSSP) is in place for the site. The existing activities are covered by the existing, approved TSSP. A copy of the approved TSSP for the site is attached. Prior to release of the bonding on the site, the applicant will provide proof of a SEO and Court approved Augmentation plan for any evaporative losses from unlined ground water ponds within the permit area. 6.4.8 EXHIBIT H - Wildlife Information This section is adequate as submitted. 6.4.9 EXHIBIT I - Soils Information This section is adequate as submitted. 6 4 10 EXHIBIT 3 - Vegetation Information This section is adequate as submitted. 6.4.11 EXHIBIT K - Climate Information This section is adequate as submitted. 6.4.12 EXHIBIT L - Reclamation Costs The reclamation plan costs provided in this application are incomplete and a bit confusing. The biggest omission is that no actual breakdown of specific tasks or costs has been provided. Also the text of this section states that the area is within the existing permit area, is currently bonded, and no additional bonding would be required. This statement seems to be a bit contradictory with the amendment application. Perhaps what is being implied here is a phased bonding approach with a total on-site disturbance of no more than 53 acres? Please clarify. Aggregate Industries needs to prepare a bond estimate broken down by task and cost for each task of reclamation at the projected time of the maximum disturbance of the site. This estimate will be reviewed by DRMS once the remaining adequacy issues such as maximum amount of backfill to be placed; total acres requiring topsoil replacement and seeding, and all other tasks for the projected maximum disturbance have been clarified. Also, it appears that no costs for several listed features, such as the proposed underpass to Cell 4, or for removal of the conveyors, etc., have been included in the list of tasks submitted. DRMS will review the reclamation cost estimate provided, and if necessary prepare an estimate itself, if the provided estimate appears to be incomplete or inadequate. We anticipate that the area of maximum disturbance within the amended mining area will occur at the beginning of mining of Cell 4. Cell 5 will be stripped and operating as the r 0" r610%