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Mr. Jared Ebert <br />June 22, 2010 <br />Page 3 <br />CIVIL RESOURCES <br />9) The applicant will likely need approval from the Office of the State Engineer (SEO) to construct the <br />embankments which maybe considered jurisdictional dams. Given the major component of this amendment <br />application is the construction of these dams; prior to the Division's approval of the amendment, the applicant <br />must submit evidence they have received SEO approval for the design of the dam/embankments and that the <br />designs for these embankments match what the Operator has proposed in the amendment application. <br />We submitted the Design Report to the SEO for review and approval on April 27th. We now expect to have the <br />SEO's approval in August. As a result, we request that the decision date be extended to August 151h, however, <br />we would like to have agreement with staff on all other issues in July so that the recommendation of approval by <br />DRMS staff is only contingent on the SEO approval. <br />10) What depth will the overburden be stripped? Please describe the type/nature of the overburden. <br />Approximately four to eight inches of topsoil will be stripped and stockpiled to remove vegetation and associated <br />root systems. The remaining overburden (0-5 feet) is a clayey sand to sandy clay material and will be used in <br />conjunction with the claystone bedrock to construct the dam core (Zone 1) and slurry walls. <br />11) What depth will the topsoil be stripped? <br />Refer to the response to comment 10). <br />12) Please indicate where the topsoil piles will be located on the Exhibit C map. <br />The topsoil will be stripped from the active area(s) and temporarily (typically less than a month) stockpiled <br />outside of the proposed storage areas. The topsoil will be placed on the outside slopes of the dam <br />embankments. Refer to Exhibit C. <br />13) There are two cross-sectional drawings depicting the dam/embankment; "Dam typical Section An and "Dam <br />typical Section 8". Please explain when each specific design will be used. <br />All dams will be constructed based on Dam Typical Section A except the "shared" embankments between C1/C2 <br />and D1/D2 which will have Zone 3 on both sides (no Zone 4). <br />14) For the currently unmined areas. Prior to the exposure of groundwater, please commit to installing the slurry <br />wall and obtaining SEO certification that the slurry wall will perform in accordance with their standards. Please <br />commit to supplying evidence of SEO approval of the slurry wall to the Division prior to the exposure of <br />groundwater. <br />We commit to installing and testing the slurry walls around areas where exposed groundwater is proposed and <br />obtaining SEO certification of the slurry walls prior to exposing groundwater or alternatively providing an <br />approved plan for augmentation of any depletion(s) via a temporary substitute water supply plan (TSSP) until <br />such SEO certification is received.