2009-10-16_PERMIT FILE - M2009074

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ENVIRONMENT, INC. PAGE 2 OCTOBER 1 6, 2009 2) The attached airphoto shows the Permit Line/Affected Lands line in red. Note that much of the old mine floor (blue outline) is north and west of the permit line. The wetland area you noted is all on the old mine area and will not be affected by this mining operation. The previous owners used the flat area along the old mining face to store the old trailers and assorted parts, all but 2 of which have been removed. I forget from time to time that the Division has 2 defini- tions that I do not use, one is for "Affected Lands" and the other is for "Permit Area". I tend to interchange these terms since in all the permit I do I have only "Affected Lands" this way there is no misunderstanding on what can be disturbed within the permit area. Normally I have this correct in the Legend of the maps, well I missed it this time. Attached are revised Map Exhibits E-1 & E-2 maps showing the Permit Line/Affected Lands are one and the same. The heavy green line is the Permit Line/Affected Lands. The used of the Industrial/Commercial designation best fit the current use, not the Zoning. Using one of the other choices would not have been an accurate representation of the use at this time. I could have actually picked 4 or 5 of the choices but those would have been no more accurate. If you need me to change that please advise which to pick and I will submit a revised Page 4. The total area to be disturbed under the plan is 9.99± acres of which 3.77 acres is pre-law area that will be redis- turbed. The 8.57 acres is the area disturbed by mining but reclamation will be required on the 9.99 acres, as the areas outside the mining area may be used to store topsoil or for access roads around the mined area that will have to be seeded. 3) The wetlands are shown on the attached air photo and are not within the permit area. I believe the wet areas are there because the previous miner excavated pot holes in the under- lying shale creating a series of shallow depressions that have filled with precipitation or storm runoff from the surrounding area. Colorado Backhoe Service will not affect these wetlands. 4) It is the landowners responsibility to remove this material not the Divisions or the Operators. The remaining trailers are their property and I question whether they could be moved without their permission. When we asked them about removal of the junk they said that the material would piled and burned some time this winter. Mr. Joseph has said he is willing to provide the equipment necessary to remove any left over waste once he has the reclamation permit and will have equipment on the site to facilitate loading and hauling