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for their structures to DCP Midstream. The updated information is included with this <br />reply. <br />6.4.4 Exhibit D - Mining Plan <br />4. The Mining Plan states that mined materials will be conveyed to the Kurtz Project <br />plant via a conveyor connecting the Heintzelman Project (Pit 116) to the Kurtz <br />Project Plant. Upon reviewing the Applicant's request to omit the conveyor route <br />from the affected area, the Division has concluded that the conveyor route must <br />be included in the affected area of the Heintzelman Project (Pit 116). The <br />definition of affected land is intentionally broad in order to encompass the variety <br />of disturbances that result from mining operations. The conveyor route, whether <br />viewed as a form of transportation or equipment resulting from the mining <br />operation, will cause a surface disturbance as a result of the mining operation. <br />Therefore, the conveyor route will need to be included into the permit area. <br />Adding the conveyor route to the permit area will increase the acreage of the <br />affected land which will require an amendment to the permit application. The <br />Applicant may amend a permit under consideration by the Office by filing a copy <br />of such amendment with the Office and placing a copy with the County Clerk and <br />Recorder. The amendment shall constitute a new filing for the sole purposes of <br />determining the date for consideration of the application by the Office, and for the <br />deadline for a final decision of the application. Should the Applicant choose not <br />to include the conveyor route into the permit area, then all applicable exhibits <br />should be revised to reflect this change. <br />The consensus reached at the 4 August 2009 will allow a Technical Revision to occur on <br />adjacent Construction Permits to the north since their boundaries meet and the conveyor <br />pads may be placed within presently determined `affected land.' Failing this test, the <br />application will be amended over the adjacent lands to affect the same. Consideration for <br />the conveyor system is now limited to the route within the designated permit boundary. <br />An approved Right-of-Way permit will be obtained from Weld County where it is <br />necessary to cross the County's right-of-way on Weld County Road 28. Regardless, the <br />intended route and lands to be affected by the conveyor system are considered part of this <br />application within the designated permit boundary. All subsequent permit revisions or <br />amendments will attend to the conveyor system as it leaves the Heintzelman Project <br />permit boundary. <br />5. The Mining Plan states the final slope will be 3H:1 V down to a depth of 10 feet <br />below the normal water level. Please specify the anticipated water elevation for the <br />reservoirs. <br />Should later revisions to the permit provide for lined reservoirs, all slopes will conform to <br />3H:1 V, or flatter, regardless of the anticipated final water level. The anticipated water <br />Varra Companies, Inc. correspondence of 1 September 2009 to the Colorado Office of Mined Land 3 <br />Reclamation (Office) in reply to Office correspondence of 27 July 2009 - Heintzelman Project - <br />M2009-018.