2009-06-16_REVISION - M2000115 (3)

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Rule 6.4.3 Exhibit C - Pre-mining and Mining Plan Maps of Affected Land 1.) Are there any adjoining surface owners of record adjacent to the permit area? If so, please label them on the maps submitted for this exhibit. 2.) Item (d) in Exhibit C states that, "the total are to be involved in the operation is 13 acres". The amendment application adds 10.31 acres for a total permit area of 23.31 acres please correct or explain this discrepancy. Also, the reclamation cost section would indicate that the maximum acreage disturbed for this operation is 7.25 acres, is that the case? Or will more acreage be disturbed beyond the 7.25 acres? 3.) The mining plan states that mining will progress from point B and continue to point A. These "points" are not shown on the map. Also, the mining plan indicated that the area will be mined in phases, 25' deep, 100' wide and 400' long. The mining plan map does indicate that mining will proceed from west to east. Please display on the map how mining will proceed for the life of the mine, throughout the entire permit area. If the operation will continue to proceed in the 400'by 100' phases please show these phases on the map. 4.) The mining plan map does show the location of the topsoil stockpiles where they are currently located. Please indicate where the proposed topsoil stockpiles will be located during each phase of the operation for the entire life of the mine. Rule 6.4.4 Exhibit D - Mining Plan: 5.) Item (c) of the mining plan indicates that all overland water flow will be captivated in the site, and that water would percolate into the ground within two days. Given previous inspections, this does not appear to be the case. Water appears to have been retained in the pit for longer than the allowed 72 hours. The applicant will need to obtain the proper permit for storm water discharge from Colorado Department of Public Health and the Environment, the Water Quality Control Division if the operator intends to pump the water out of the pit. Or, the applicant will need to obtain an approved substitute water supply plan from the Office of the State Engineer to account for evaporative loss of the water if the operator intends on allowing the water to remain in the pit excavation for longer than 72 hours. 6.)According to Item (e) of the mining plan, it states that each 25'X100'X400' phase will be mined in 90 days; in conjunction with the Divisions comment above for Exhibit C (number 3) above, please indicate how many phases there will be for this mining operation and please clarify the timeline and sequence of each of the phases. 7.) It states in Item (a) that the topsoil will be stripped approximately 14' deep. Given the soil information submitted with the application, it does not appear that there is 14 feet of topsoil. The Reclamation Cost estimate submitted for Exhibit L would indicate that the applicant intends to spread 6" of topsoil over the affected area. Please clarify the amount of topsoil that will be