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Rule 6.4.5 Exhibit E — Reclamation Plan <br />5. The submitted reclamation plan states, "The affected land area will be reclaimed by the operator to its present <br />land use "Industrial /Commercial (IC);..." In the next paragraph, the plan states, "The landowner will develop <br />the affected parcels to Industrial /Commercial IC after reclamation to pastureland by the operator." Further, <br />the application form on page 4 indicates the primary present land use is Pastureland and the primary future <br />(post - mining) land use is Industrial /Commercial. Please clarify these discrepancies; keeping in mind the post <br />mining land use should be categorized as to how the site will have been reclaimed at the point that the <br />operator desires release of the permit. <br />6. The mining and reclamation plan indicate that 1" to 3" of topsoil are available for reclamation. The Division <br />policy requires 6" of replaced topsoil for reclamation, unless this amount of topsoil is unavailable at the site <br />prior to mining. Please state that all topsoil at the site will be reserved for reclamation purposes, and that no <br />topsoil will be removed from the site. <br />Rule 6.4.14 Exhibit N — Source of Legal Right to Enter <br />7. This rule requires the submittal of the source of the Operator's /Applicant's legal right to enter and initiate a <br />mining operation on the affected land. The applicant has submitted a lease between Weeminuche <br />Construction Authority and the landowner. The submitted lease, however, expired as of March 30, 2011. <br />Please submit a current, valid agreement showing the operator's legal right to enter and initiate a mining <br />operation at the proposed site. <br />Division staff is conducting a separate review of the Geotechnical Stability Analysis submitted with the <br />application materials. Depending on the outcome of that review, the Division may have questions related to <br />information contained in this material. <br />The Division has received comments from La Plata County (forwarded to Weeminuche Construction Authority <br />on June 14), and also from Animas -La Plata Operations, Maintenance and Replacement Association, see <br />enclosed. Because objections were filed for this Permit application, the decision date is extended 30days and this <br />matter must be set for a hearing before the Mined Land Reclamation Board. The tentative date for the hearing is <br />September 14, 2011 because the decision date has been extended to September 19, 2011. However, the Division <br />will need to make a recommendation by August 23, 2011 to allow adequate time for procedures required prior to <br />the Board hearing. <br />Please be advised that the Weeimuche Construction Authority, Animas Glacier Gravel 112(c) Permit Application <br />may be deemed inadequate, and the application may be denied September 19, 2011 unless the above mentioned <br />adequacy review items are addressed to the satisfaction of the Division. Responses to these adequacy concerns <br />must be received by the Division to allow adequate time for review prior to the Board hearing and the decision <br />date. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision <br />date. This will be done upon receipt of a written waiver of your right to a decision by September 19, 2011 and <br />request for additional time. This request must be received no later than September 19, 2011. Please be aware that <br />depending on the answers that are received regarding the above adequacy issues, the Division may have further <br />adequacy questions. The Division may also have additional adequacy questions once the site has undergone an <br />inspection related to this application. <br />If you have any questions, please do not hesitate to call me at (970) 259 -5861. <br />2 <br />