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(Continued Page 4) Exhibit D Amendment No. 002 Mining Plan <br />Groundwater: <br />No groundwater was intercepted during the excavation of the Amendment 001 gravel pit <br />area. This project will not intentionally divert stormwater for beneficial use, nor will it <br />affect the "Waters of the State of Colorado, and of the United States." Local waters may <br />settle in the low areas of the excavations, and, if such water collects in a substantial way, <br />or if it becomes impounded for a substantial period of time, we will notify the land <br />owners and recommend that they apply for a water storage right for beneficial use. <br />Stormwater Permit: <br />Moffat County has a Stormwater Drainage Permit on the Lyons Pit No. 2, and we will <br />amend it to include the Amendment 002 operation.