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Operator has submitted and obtained Division approval of the design specifications for the <br />slurry wall under a subsequent Technical Revision. <br />2. The Applicant has stated that if the Poudre River Trail is damaged during the installation of <br />the slurry wall, then it will be repaired. The Applicant should note that the Poudre River Trail <br />was released from the permit area on May 22, 2003. Therefore, if the Poudre River Trail or <br />any other area located outside of the permit boundary is affected by mining operations during <br />the life of the mine, then the Operator will face a possible violation of C.R.S. 34-32.5 - <br />116(4)(i) for failure to protect areas outside of the affected land from slides or damage <br />occurring during the mining operation and reclamation. <br />3. The Applicant has stated the soil amendments, seed mix and application rate will be <br />determined in accordance with NRCS Guidelines. Please clarify if the soil amendments, seed <br />mix and application rate will be altered from what has already been approved for the Geisert <br />Pit. If so please provide the Division with the revised information. <br />4. The Operator has requested release of the wetland area and the parcel of land with Weld <br />County facilities as part of AM -04. The release of these areas from the current permit area <br />must be processed under a separate release request. The release request must be in the form <br />of a notice with the following information: <br />1) The Operator shall include the names and addresses and phone numbers of all owners of <br />record to the affected land. <br />2)The written notice requesting release shall be sent by Certified Mail and be separate from <br />other types of communication. <br />3)Such notice shall contain a signed statement by the Operator or their agent that all <br />applicable portions of the Reclamation Plan requirements have been satisfied in accordance <br />with the Rules and all applicable requirements under the Act. <br />This concludes the Division's preliminary adequacy review of this application. Please remember <br />that the decision date for this application is July 26, 2011. As previously mentioned, if you are <br />unable to provide satisfactory responses to any inadequacies prior to this date, it will be your <br />responsibility to request an extension of time to allow for continued review of this <br />application. If there are still unresolved issues when the decision date arrives and no extension <br />has been requested, the application will be denied. <br />If you have any questions, please contact me at (303)866 -3567 x8116. <br />Sincerely, <br />Michael A. Cunningham <br />Environmental Protection Specialist <br />