2010-05-17_REVISION - M1996049 (7)

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reclaimed as rangeland. It has been observed that this will lead to much greater chances of success in reclamation vegetation. We agree to modify our Reclamation Plan to reflect that topsoil and overburden shall be handled separately when backfilling slopes. Our 40 years of experience in Summit County shows that 6-12 inches of topsoil is adequate for reclamation vegetation and we would prefer to leave that as stated. The operator must commit to not disturbing jurisdictional wetlands until an appropriate Wetland Mitigation Plan has been approved by the Army Corps of Engineers and evidence of this approval has been submitted to DRMS. DBMS will be required to add this condition as a stipulation to the amendment approval if this commitment is not made during the adequacy process. Costs for implementation of the required wetland mitigation will need to be included in a revised reclamation cost estimate in Exhibit L and broken down as such. The jurisdictional wetlands will not be disturbed until we have been given final approval by the Army Corps of Engineers. Costs for wetland mitigation are included in the revised and attached version of Exhibit L. EXHIBIT F -Reclamation Plan Map (Rule 6.4.6): Please add the outflow structures to carry the flow of Vendette Creek to the Reclamation Plan Map. The outflow structures have been added to the revised and attached version of Exhibit F. EXHIBIT L -Reclamation Costs (Rule 6.4.12): All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. The provided addition of 3.45% to the existing estimate is insufficient, especially considering the current age of the original reclamation estimate. We have provided a current cost estimate for the reclamation efforts in the revised and attached version of Exhibit L. If the proposed final reclamation of the mining operation, as approved in the DRMS permit, does not include backfilling or lining to eliminate all ground water exposed within the mining boundaries, sufficient replacement water must be dedicated to the plan to cover the expected depletions that would occur at the site... This means that division is required to additionally bond for one of the following options whenever groundwater is exposed on a site: • Cost to backfill all excavations to two feet above static water level. • Cost to install a slurry wall around all exposed water bodies to isolate them from the aquifer - bond may be released when the slurry wall passes the required State Engineer leak testing. • Cost to install a clay liner in all water bodies to isolate them from the aquifer -bond may be released when clay liner passes the required State Engineer leak testing. OR the operator may select and execute one of the following options. • Operator may dedicate permanent replacement water rights to the site via documentation from the State Engineer's Office showing that adequate water rights to account for all exposed