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Pagel 2 <br />the existing gas lines unless documentation of agreements with Xcel Energy are provided that would <br />allow for relocation of the gas lines or a smaller buffer. The comment concerning hours of operation <br />were considered during the County review process and hearings with the Routt County Planning <br />Commission and Board of County Commissioners. The County approved the Special Use Permit <br />with the following specific conditions of approval: (5) Days of operation shall be Monday through <br />Saturday. No mining, reclamation, or crushing activities shall occur on Sundays of the following <br />national holidays: Christmas, Thanksgiving, New Year's Day, Fourth of July, President's Day, <br />Memorial Day, and Labor Day, except as may be approved by the Planning Administrator or Board <br />of County Commissioners for emergency situations. (6) Hours of operation for loading and hauling <br />shall be from 7:30 a.m. to 7:00 p.m. Hours of operation for the crusher shall be 7:00 a.m. to 7:00 <br />p.m. Equipment warming is allowed 15 minutes prior to beginning operation in the morning. <br />"Operation", as used in this condition, shall not include the use of the office or maintenance <br />building. <br />A copy of the Routt County Board of Commissioner's Meeting Minutes is included. <br />Comment: Rule 6.2.1(2) requires that maps be signed by a registered land surveyor, professional engineer, <br />or other qualified person... <br />Response: Revised maps are included with appropriate stamp and signature. <br />Rule 6 4 3 Exhibit C - Pre-Mining and Mining Plan Maps <br />6. Comment: Rule 6.4.3(a) states the applicant is required to depict all adjacent surface owners of record. <br />Please indicate all adjacent surface owners of record on Exhibit C-Pre-Mining Plan Map. <br />Response: A map titled Assessors Map is included which depicts the boundary of the existing pit <br />and expansion area along with all adjacent parcels and owner names. <br />7. Comment: Rule 6.4.3(e) states the applicant is required to depict the type of present vegetation covering <br />the affected lands. Please depict the type of present vegetation covering the affected lands on Exhibit C - <br />Pre-Mining Plan Map. <br />Response: The Existing Conditions Plan has been revised to include a note describing the existing <br />vegetation in the area of the pit expansion. The landscape within the expansion area is dominated by <br />the Wyoming Big Sagebrush so we felt a note on the map was appropriate rather than placing <br />graphic depictions on the plan view. <br />8. Comment: The Mine Plan Map dated May 14, 2009, indicates a minimum 50' buffer between the Yampa <br />River and the mine boundary. The applicant agreed to a buffer of 200 to 250 feet from the Yampa River <br />during the original permit adequacy review. Please reference Item #5 in the Division's Rationale for <br />Recommendation of Approval dated July 13, 2001. Please commit to maintaining a 250 foot offset from <br />the Yampa River and revise Exhibit C - Pre-Mining Plan Map. <br />Response: The Mine Plan Map has been revised to meet the requested minimum 200 foot buffer <br />from the Yampa River. It is worth noting that the expansion area pit boundary shown on the <br />.Mining Plan Map dated 5-14-09 allowed for a buffer ranging from 50 to 300 feet to the Yampa <br />River. This boundary was carefully chosen to be outside of the FEMA designated Yampa River <br />floodway. Also the pit expansion area is adjacent to a side channel of the Yampa River, not the main <br />channel. Routt County approved the previous boundary allowing for the minimum 50 foot buffer. <br />Respectfully, the applicant has agreed to maintain the requested minimum 200 foot buffer from the <br />Yampa River as shown on the revised map. <br />9. Comment: The Applicant directs the Division to "see existing permit" regarding Exhibit D - Mining Plan. <br />Mining activities in the amendment area will alter the current mining plan by postponing the current <br />phases. Please describe how the amended mining phasing will affect the current mining plan. <br />Response: The existing mining pit is divided into two general phases by the existing overhead power <br />lines. The area to the south of the power lines is phase 1 and is actively being mined. The mining in <br />phase 1 will continue towards the east until mining is complete. All slopes in phase 1 will be <br />reclaimed. The bottom of the phase 1 pit area will continue to be used for processing. Mining <br />operations will then shift to the expansion area. Mining is anticipated to start in the expansion area <br />in 2010 and run through 2025. Following mining and reclamation in the expansion area, mining and <br />reclamation of phase 2 within the existing pit north of the power line will commence, working from