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<;. <br />December 7, 2009 <br />Mr. Russ Means <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resourdes <br />101 S.3 d St., Suite 301 <br />Grand Junction, CO 81501 <br />RE: Response to Preliminary Adequacy Review Letter dated Dec. 2, 2009 <br />Peroulis Brothers Snake River Pit, File No. M- 2009 -079 <br />Dear Mr. Means: <br />SELINE <br />-_ _ corporation <br />planning n engineering D surveying <br />The purpose of this letter is to provide response to the comments you provided in your December 2nd, <br />2009 Preliminary Adequacy Review. The following are the responses: <br />6.4.3- Exhibit C, Pre - Mining and Mining Maps are adequate with the following exceptions or <br />clarifications: <br />(a) Map 2 does not have a scale. While it appears to be farther, please clarify that Parcel R000535 <br />is more than 200 feet from the permit boundaries. <br />Response: Parcel R000535 is approximately 500 feet from the permit boundaries. This can <br />be scaled off of the Mine Plan Map ( #5) and a note has been added to Map 2 to this affect. <br />(g) Please note that the culverts on the county road are considered man -made structures and <br />should be noted here and in Exhibit S. <br />Response: Exhibit C and Exhibit S have been revised to list the culverts as man -made <br />structures. <br />6.4.4- Exhibit D, Mining Plan is adequate with the following exceptions or clarifications: <br />(a) It is proposed that excavations will be right up to the permit boundary line. The stability report <br />notes an assumption that highwalls will be a temporary condition with a recommendation that <br />backfilling commence as soon as practical. Please clarify that the operator will abide by the <br />stability report recommendations and backfill slopes along the permit boundaries within a short <br />time of final excavation to prevent off -site damage. <br />Response: The operator agrees to abide by the stability report recommendations and <br />backfill slopes along the permit boundaries as soon as practical to prevent off -site damage. <br />Exhibit D has been revised to include this statement. <br />(b) Overall the Division does not have an issue with the stormwater management plan. One <br />concern however is the noted area for the topsoil /overburden pile which is adjacent to the primary <br />control ditch. Please clarify what measures will be in place to prevent sedimentation /erosion from <br />these piles compromising the integrity of the ditch. <br />Response: The operator will create a small berm around the stockpile areas to prevent <br />sediment from the piles compromising the integrity of the control ditch. Also, per response <br />to Rule 3.1.9(1) Topsoil comment below, the stockpiles will be protected from wind and <br />water erosion with temporary seed cover if left in place for more than 180 days or one <br />growing season. Exhibit D has been revised to include this information. <br />6.4.5- Exhibit E, Reclamation Plan is adequate with the following exceptions or clarifications: <br />Corporate Headquarters <br />Northern Bureau <br />Wyoming <br />Northern Mountains <br />Denver West Office Park Building 4 <br />Downtown Greeley <br />Montgomery Building <br />Pentagon West Building <br />1536 Cole Boulevard, Suite 220 <br />71011th Avenue, Suite 105 <br />109 East 17th Street, Suite 1 <br />2740 Acre Lane, Suite 205 <br />Golden, Colorado 80401 <br />Greeley, Colorado 80631 <br />Cheyenne, Wyoming 82001 <br />Steamboat Springs, Colorado 80487 <br />Ph 303.940.9966 <br />Ph 970.353.7600 <br />Ph 307.635.1734 <br />Ph 970.879.1825 <br />Fax 303.940.9959 <br />Fax 970.353.7601 <br />Fax 866.242.9106 <br />Fax 866.242.9106 <br />