2012-10-29_PERMIT FILE - M2012045 (6)

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Separating Zone I Core from out -slope Zone II Shell will be the Zone III Filter Drain, terminating in a toe drain. Zone III Filter Drain will be constructed from dam crest, part way down the face of the Zone I Core, then proceed at a slight down grade to the toe of the dam within the Zone II Shell. As with the other structures, the conceptual full structure freeboard will be approximately five (5) feet. These structures are intended to be water storage facilities. Therefore, no conflicts with water pollution regulations or statutes will occur. (3) All surface areas of the affected land, including spoil piles shall be stabilized and protected so as to effectively control erosion: All surface areas of the affected land, including spoil piles, will be stabilized and protected so as to effectively control erosion. (Please see Section 3.1.5 (10) 3.1.7 Ground Water — Specific Requirements: Ground water is discussed in Exhibit "G" — Water Information. 3.1.8 Wildlife: (1) All aspects of the mining and reclamation plan shall take into account the safety and protection of wildlife on the mine site, and all associated facilities with special attention given to critical periods for wildlife: Upon reclamation to a developed water resource, the site will not be full useable by wildlife to any significant extent. Nesting by waterfowl and use by aquatic species is not a reasonable option since the water level will range from a full structure to essentially empty. Some of the remaining surface area will be available for use by terrestrial species. These areas will be reclaimed to rangeland. The use of Phase One and Two areas by wildlife during mining is not anticipated. Use of Phase Two will likely occur until mining and construction of the zoned perimeter dam begins. Regardless, the Operator will consider the safety and protection of any wildlife that should enter the site during mining and reclamation operations. Finally, this Applicant/Operator or landowner knows no described critical periods or species of concern. (2) Creation of wildlife habitat and management: No special or unique wildlife habitat is planned as part of the Mining and Reclamation Plan. However, those areas reclaimed to rangeland will likely be utilized somewhat by wildlife. 3.1.9 Topsoil salvage, storage and replacement: (1) Protection of topsoil: Topsoil will be stockpiled close to the areas of final use. No stockpiles will be where they are with in the 1 00-year FEMA flood limit. Once the topsoil has been removed and segregated from the overburden material and product, it will be saved for replacement. Given that there may be more topsoil than what will be necessary for reclamation, the Operator may choose to salvage sufficient topsoil for reclamation and sell excess topsoil on the open market. In any case, the Operator will maintain sufficient topsoil in stockpiles to complete final site reclamation. Where topsoil will not be disturbed for at least 12 months, it will be seeded or otherwise stabilized to protect it from erosion. (The exception is for those topsoil stockpiles not needed for site reclamation and considered as product for sale. Such piles will not be seeded but will be controlled according to the Operator 's Stormwater Management Plan and will be marked as topsoil product for sale.) Topsoil will be replaced to an average depth of six to twelve (6 -12) inches on those areas where vegetation will be established. (2) Wood vegetation shall be removed: There is no wood vegetation. (3) Storage, location, configuration of topsoil stockpiles for control of erosion and protection from mining operations: Stockpiles will be configured to minimize erosion and will be located (see 3.1.9(1) above) in areas where disturbance by ongoing mining operations will be minimized. As stated in 3.1.9(1) above, Protection of topsoil, topsoil stockpiles will be seeded for stabilization, as necessary.