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water laws and regulations governing injury to existing water rights. Therefore, if the <br />Operator intends on using water from the Rock Creek, then the necessary permits must be <br />obtained from the Office of the State Engineer. <br />20. Please indicate if the Applicant will follow the NRCS recommendation of incorporating <br />manure/compost into the topsoil prior to seeding. <br />21. The NRCS seeding recommendation did not include the seeding rates for each grass species <br />to be planted. Please specify the seeding rates as pounds of pure live seed per acre. <br />22. Please indicate if grazing will continue at the site through the mining and reclamation phases <br />of the operation. Will areas requiring seeding be fenced off following the completion of <br />reclamation? <br />23. As required by Rule 6.4.5(2)(f)(i), specify the maximum anticipated gradient of the creek <br />bed. Will the creek bed be restored to its pre-mining elevations? <br />6.4.6 Exhibit F - Reclamation Plan Map <br />24. Please see comments under Exhibit C, item No. 2. <br />6.4.7 Exhibit G - Water Information <br />25. The Applicant has stated the mining operation will not directly affect surface or groundwater <br />systems. The Division does not agree with this assertion; mining in the bed of Rock Creek <br />will directly impact the hydrology of the creek. Therefore, the Applicant shall submit a brief <br />statement or plan showing how water from runoff from disturbed areas, piled material and <br />operating surfaces will be managed to protect against pollution of Rock Creek. <br />6.4.8 Exhibit H - Wildlife Information <br />26. The Applicant has stated there is an active Northern Harrier nest on the site. Specify the <br />location of the nest and describe the measures that will be taken to protect the nest during <br />mining and reclamation operations. The Colorado Division of Wildlife (DOW) recommends <br />that all mining activity is conducted between July 15 and March 15. Please indicate if the <br />Applicant will commit to following DOW's recommendation. <br />6.4.9 Exhibit I - Soils Information <br />No comment. <br />6.4.10 Exhibit J - Vegetation Information <br />No comment.