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Operators/Applicants are encouraged to allow flexibility in their plans by <br />committing themselves to ranges of numbers (e.g. 6 "-12" of topsoil) rather than <br />specific figures. <br />The applicant commits to replacing 6 " - 12" of topsoil on areas to be reseeded. <br />7. On December 27, 2011 the Division was notified that the applicant could not <br />contact the Larkin Ditch Company. Per Rule 6.4.19 (b), when a damage <br />agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates such structure shall not be damaged <br />by activities occurring at the mining operation. <br />We are fairly confident that an agreement with the Larkin Ditch Co. is not <br />possible to obtain. The applicant commits to a 200 foot setback from the ditch <br />until either an agreement with Larkin Ditch Co. is reached or an engineering <br />evaluation is prepared. Whichever option is used documentation will be <br />submitted to the Division. <br />8. Please revise all Maps included with the application with an accurate scale. The <br />current scale of 1 " =200' is incorrect. <br />The revised maps are attached. <br />9. Please specify total disturbance in acres including Phase 1, roads required to <br />support the operation and the area required for the asphalt and concrete plants. <br />An accurate acreage figure is required to accurately calculate a reclamation cost <br />figure. <br />The total acreage of disturbance is 37.8 acres. <br />10. Please provide documentation that water rights are in place to allow for exposure <br />and evaporative consumption of groundwater. <br />Oldcastle does not currently have water rights for augmentation water for this <br />property. As mentioned previously they plan to purchase water from West Divide <br />Water Conservation District. Ground water will not be exposed until such time as <br />the augmentation water is available. Documentation for the gravel pit well <br />permit, SWSP and water rights will be provided by the division. <br />11. The Mine Plan states "Ditch laterals and tailwater channels are maintained under <br />the Exhibit C mining plan and may be adjusted or eliminated as appropriate to <br />provide necessary water conveyance." According to Exhibit F the Larkin and <br />Blue Stone ditches remain in place. Please explain the purpose of the statement <br />and provide documentation that demonstrates that the operator has permission <br />to modify the existing channels. <br />