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6) Regarding topsoil replacement, the reclamation plan states that only 4 inches of topsoil will be <br />provided as a plant growth medium. Per Rule 6.4.5(1), Operators /Applicants are encouraged to <br />allow flexibility in their plans by committing themselves to ranges of numbers (e.g. 6 " -12" of <br />topsoil) rather than specific figures. <br />7) On December 27, 2011 the Division was notified that the applicant could not contact the Larkin <br />Ditch Company. Per Rule 6.4.19 (b), when a damage agreement cannot be reached, the applicant <br />shall provide an appropriate engineering evaluation that demonstrates that such structure shall not <br />be damaged by activities occurring at the mining operation. <br />8) Please revise all Maps included with the application with an accurate scale. The current scale of 1" <br />= 200' is incorrect. <br />9) Please specify total disturbance in acres including Phase 1, roads required to support the operation <br />and the area required for the asphalt and concrete plants. An accurate acreage figure is required to <br />accurately calculate a reclamation cost figure. <br />10) Please provide documentation that water rights are in place to allow for exposure and evaporative <br />consumption of groundwater. <br />11) The Mine Plan states "Ditch laterals and tailwater channels are maintained under the Exhibit C <br />mining plan and may be adjusted or eliminated as appropriate to provide necessary water <br />conveyance." According to Exhibit F the Larkin and Blue Stone ditches remain in place. Please <br />explain the purpose of the statement and provide documentation that demonstrates that the operator <br />has permission to modify the existing channels. <br />12) The Mine Plan does not specify where topsoil locations are to be located. Please provide a revised <br />Mine Plan map that clearly identifies the locations of the topsoil stockpiles. <br />13) The Reclamation Map indicates that a groundwater lake will exist in Phase 3. Phase 1 and Phase 2 <br />are displayed at the original surface elevation of 4,880 feet. Please specify what methods of <br />reclamation will occur to achieve the reclamation proposed. Also provide a figure of the required <br />backfill material needed to achieve the conditions displayed on Exhibit F. <br />This is a preliminary review. Other issues may arise from other agency comments, and as more <br />information is supplied. This application cannot be approved until the issues brought forth are adequately <br />addressed. Please submit a response to the following issues as soon as possible, but no later than <br />February 15, 2012 so the decision due date set for February 27, 2012 can be met. If your response or a <br />written extension request are not received by February 15, 2012 this application may be denied. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. <br />(970) 241 -2042. <br />Sincerely, <br />Travis Marshall <br />Environmental Protection Specialist <br />