2011-12-12_REVISION - M1984040

• Permit No: M1984040
• IBM Index Class Name: REVISION
• Doc Date: 12/12/2011
• Doc Name: Preliminary Adequacy Review
• From: DRMS
• To: Larry Chartier
• Type & Sequence: AM1
• Email Name: MAC
• Media Type: D
• Archive: No

Mr. Chartier
December 12, 2011
Page 2
6.3.3 Exhibit C — Mining Plan
2. The Applicant has stated topsoil will be, used to create a berm around the pond. Please state
where the topsoil will stockpiled once it is removed and state how the topsoil stockpile will
be stabilized. If the Operator will stabilize the topsoil stockpile with vegetation, then you will
need to specify the quantity of each grass species as pounds of pure live seed per acre. In
addition, you will need to depict the location of the topsoil stockpile on the Mining Plan
Map.
3. Please clarify if the access road will need to be upgraded to accommodate the increase of the
affected area. Also, please indicate if the access road will be reclaimed or if it will remain
following reclamation of the site. If the access road will be reclaimed, then please provide the
division with the dimensions of the road.
4. The Applicant must specify how they will comply with applicable Colorado water laws and
regulations governing injury to existing water rights. The Division implemented a new policy
(copy enclosed) regarding how the exposure of groundwater is bonded for. Currently, the
exposed-groundwater-associated the- C— hartier -Pit is- covered under -a -well- permit (No.
73613 -F) and a substitute water supply plan. This operation is in compliance with the
Division's new policy since the exposed groundwater will be covered under a pending
augmentation plan (Case No. 2006CW229) filed by the Colorado Division of Wildlife.
However, any increase in exposed groundwater beyond 8.5 acres must be addressed through
one of the four options identified in the Division's new policy. Please select one of the
following four options:
a) File a financial warranty that will ensure backfilling of the pit to cover the exposed
groundwater to a depth of two feet above the static groundwater level, or
b) Obtain a court approved augmentation plan prior to exposing groundwater, or
c) File a financial warranty to cover the cost of installing a clay liner or slurry wall that meet
the Division of Water Resources requirements for preventing groundwater exposure, or
d) Obtain approval from the Division of Water Resources that acknowledges compliance
with the SEO's requirements pursuant to §37 -90- 137(11)
6.3.4 Exhibit D — Reclamation Plan
5. The Applicant has stated that topsoil will be used to create a berm around the pond. Please
specify if the berm will be created around the entire perimeter of the pit. Also, specify the
approximate dimensions of the berm (height & width) and specify the distance from the top
of the pit to the berm.
6. Please specify what the slope of the pit walls will be following reclamation and describe how
the slope will be achieved using wet mining techniques. Please note that Rule 3.1.5(7)
requires that all slopes be no steeper than 3 H:1 V from 5 feet above to 10 feet below the
expected water line where a lake or a pond is produced as a portion of the reclamation plan.