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exhibits will be revised. If a decision is made later not to mine the entire area, the pit would simply be <br />closed when it is deemed to be appropriate. <br />3. The Applicant has stated mining of the interior walls may vary depending on ease of mining. <br />Unless the Applicant specifies the interior slope of the pit walls, the Division must assume the pit <br />walls will be mined at a near vertical angle. For the purposes of calculating the financial warranty, the <br />Division will assume the interior walls will be mined at a slope of 0.5H:1V. <br />Since we are unable to specifically define the slope of interior pit walls during mining, the Division's <br />assumption will be acceptable. <br />4. The Applicant has stated no flow within the Arikaree River will be stopped, diverted, or captured. <br />During the inspection conducted on August 24, 2010, the Division observed standing water within the <br />current mining area. The Operator informed the Division the water was from a precipitation event <br />which occurred approximately one week prior to the inspection. Please provide an explanation as to <br />why the water had not drained away in a week's time. in addition, explain how the Operator will <br />avoid capturing water in the future. <br />After reviewing recorded rainfall amounts which lie somewhat close to the Masters pit, it appears that <br />close to 3" of rain fell in the area over about a two week period prior to your site inspection. It typically <br />takes awhile for that much rain to soak in or evaporate when it is pooled, especially it is replenished <br />everyfew days. There will always be some pockets of standing water in the creek bed after a rainfall. <br />Once excess water stops flowing it will find those naturally occurring low pockets and pool. Our <br />commitment as an operator will be not to dam up, divert, or capture the flow. We won't be able to <br />prevent pooling that occurs naturally because of low spots that exist. <br />5. The Applicant has stated grade control structures may be installed within the Arikaree River on the <br />west and east sides of County Road JJ. Please note that any grade control structures which are <br />installed must be within the permit boundary. County Road JJ was not included as part of the permit <br />boundary; therefore, any grade control structures placed on the east side of County Road JJ would be <br />outside of the permit boundary. In addition, all grade control structures must be bonded for and <br />approved by the Division prior to installation. If a grade control structure is not approved during the <br />permit process, then the Applicant will need to submit a Technical Revision to the permit at a later <br />date. <br />Our initial response of September 6, 2010 indicated that the area immediately adjoining County Road JJ <br />may require a single level of rock or old concrete on the upstream side to the west of the road. We <br />would anticipate that this would be needed and assumed as part of the cost for financial warranty. Road <br />JJ and the east side are not within the pit boundaries but Elva Masters has agreed to work with the <br />Washington County Road and Bridge Department to address any issues that may result from the mining <br />operation.