2012-03-30_REVISION - M1987013 (3)

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Exhibit "D" (Supplement addressing stormwater) (1) The applicant SOUTHWAY CONSTRUCTION COMPANY, INC. will prepare a Storm Water Management Plan (SWMP) and a Spill Prevention Control and Counter measure (SPCC) plan, for this site. As you know each SPCC plan, while unique to the facility is covers, must include certain elements. The elements required are that the SPCC plan be carefully thought out, prepared in accordance with good engineering practices, and should address operating procedures that prevent oil spills; control measures installed to prevent a spill from reaching navigatable waters; and counter measures to contain clean up, and mitigate the effects of an oil spill that reaches navigable waters. To meet the above requirements a Storm Water Management Plan and a Fuel Berm Management Plan, plus a Spill Prevention Control and Counter Measure Plan will be done for this site. A permit from the Colorado dept. of Health & Environment Water Quality Control Division will also be obtained. Copies of all the above plans and permits will also be sent to the Division of Reclamation, Mining and Safety. (2) SOUTHWAY CONSTRUCTION COMPANY, INC. will commit to placing overburden stockpiles along the low edge of all the mining phases as a first step of mining operations, the berms and pits created will control erosion and sedimentation. The operator is committed to control (prevent) erosion and sedimentation from reaching any drainage. All methods of control will be used, sediment traps, riprap, straw bales, earthen berms and liners. (3) Bulk storage of fuel, and small amounts of lubricates, will be stored on site in an earthen berm with an approved liner around and below the storage container. The earthen structure will have a capacity of at least 110% of the tanks and containers tanks. This type of structure will be leak resistant and readily cleanable if a spill does happen. The liner will form a pool that the liquid cannot escape to the surrounding areas. The other features of this structure is that it will be designed in such a way that it will be easy to clean up any possible spills. All spills will be soaked up with an absorbent material such as sand or other substances that can absorb the spilled oils or lubricants. After the mixture of absorbents and oil are cleaned up all the waste materials will be transported to the nearest approved disposal site. (4) SOUTHWAY CONSTRUCTION COMPANY, INC. does agree and will commit to DIVISION OF RECLAMATION, MINING AND SAFETY's permit condition as stated on page (6) six in the application package. Any reportable spill which is a spill of any toxic or hazardous substance (including spills of petroleum products) within the permit area will be reported to any and /or the Division of the Colorado Department of Public Health and Environment, the National Response Center, the Colorado Emergency Planning Commission, a local Emergency Planning Commission, or the State Oil Inspector. In addition, the operator shall notify the DIVISION OF RECLAMATION, MINING AND SAFETY of a reportable spill within the permit area using the same timeframe required by the permit, license, notice, Act, Rule or Regulation governing the reporting of the spill to the appropriate agency. Notice of a reportable spill shall be faxed to: Minerals Program Supervisor, DIVISION OF RECLAMATION, MINING AND SAFETY, FAX (303) 832 -8106. This FAX will include a callback number of a responsible official for the DRMS staff to use as a contact. (5) Also for clarification the operator SOUTHWAY CONSTRUCTION COMPANY, INC. will use the Best Management Practices (BMPs) onsite. The Best Management Practices (BMPs) as defined by the United States Environmental Protection Agency, Office of Water (WH- 547) EPA 832 -R -92 -005, September 1992 as found in Appendix E Glossary as follows: "Best Management Practices (BMPs): Schedules of activates, prohibitions or practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks sludge or waste disposal, or drainage from raw material storage. With regard to construction these may include structural devices or nonstructural practices that are designed to prevent pollutants from entering water or to direct the flow or water."