2011-11-14_REVISION - M1986015 (8)

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• 7. Groundwater — Specific Requirements The reclamation of Phase 7 will not have any adverse effects on groundwater levels and quality. No chemicals or toxic producing agents are used in the mining Prior to discharges of groundwater into the Arkansas River, the operator will revise the • existing discharge permit (NPDES) to include an additional discharge point. The discharges will be monitored according to the permit. • The operator may backfill a portion of the pit with inert structural fill generated outside of the approved permit area. If such fill becomes available during the mining, the operator may haul it in for backfill. In that event, the operator will provide a Notice to the Office. The Financial Warranty in Amendment 4 does include funds to cover the cost to stabilize and cover all backfill material for one year of mining. 6. Water — General Requirements A new water well permit and a revision to the pending Substitute Supply Plan (SSP) will be submitted to the Office of the State Engineer (SEO) Division 2 prior to exposing groundwater in Phase 7. The consumption of water during the mining is covered by in- place water rights as detailed in the SSP. Since the Phase 7 excavation will be backfilled to at least two feet above the groundwater table, no adjudicated augmentation plan is needed to support the final reclamation. With Phase 1 bonded for backfilling and Phase 2 bonded for a slurry wall, which is installed, the operator is in compliance with the Office's letter of April 30, 2010. During the term of the Phase 7 mining, groundwater monitoring wells will be measured. See Exhibit G for a full description of the monitoring plan. 8. Wildlife During mining there will be a temporary impact to the amount of available forest for bird and deer habitat. This may cause temporary displacement of these species. After final reclamation, the forest and shrub habitat will be replaced. The amount and quality of the wildlife habitat will return to present levels. The Russian Olive and Tamarix trees will be eliminated from the canopy after reclamation. 9. Topsoiling The topsoil and overburden from the first year of mining in Phase 7 will be stored in the setback area on the north side of the excavation. We estimate that 14,000 CY of topsoil and 90,000 CY of overburden (OB) will be stockpiled for two to three years. The stockpiles will be broadcast seeded with the same seed mixture as stated in Amendment 3. The woody vegetation that is cleared and grubbed from the excavation area will be deposited in the pit and covered with backfill material.