2011-12-07_REVISION - M1986015 (8)

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Exh D 4. The revised text (responding to the preliminary adequacy review) in Exh D describes the drainage channel on the east side of the Valco property only. This channel is within the permit boundary now. Exh E 5. Transit Mix is in contact with Chris Grosso, Regulatory Project Manager, of the ACoE in the Pueblo office. ERO Resources is hired to prepare a Section 404 permit to fill a small amount of jurisdictional wetlands, cross a drainage ditch, and construct an outfall into the River. Since less than 0.5 acre of waters of the US will be filled, we anticipate receiving a Nationwide Permit with mitigation requirements. Since the levee is above the normal high water mark of the River, Mr. Grosso stated that the ACoE has no jurisdiction over its construction. Exh F 6. The enclosed maps for Exh F are signed. 7. On the enclosed Exh F for the sections, the horizontal dimension is corrected to 33 feet. Exh M 8.a. In the table row for Well Permits, the existing Substitute Water Supply Plan (SWSP) for Pueblo East is noted and it will be amended to include the additional use of water in the Phase 7 mining 8.b. As we explained in the No. 5 answer above, the levee does not need an ACoE permit for its construction. Geotech Stability Exh Factor of Safety for Slope Stability 9.a. Refer to the Memo from Lyman Henn of December, 5, 2011. 9.b. Refer to the Memo from Lyman Henn of December, 5, 2011. Note on Exh C and F that the setback on the north boundary is revised to 57 feet. 9.c., The DRMS asks about the off site impacts of a failure of the drainage channel on the east side of the pit and subsequent erosion and sediment entering the River. This channel was designed by a Professional Engineer to carry the 100 year rainfall event from its basin. The design calculations for the channel are included in the original Amendment 4 2