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Messrs. Morley & Gagliano <br />Page 5 <br />December 24, 2012 <br />6.4.5 EXHIBIT E — Reclamation Plan <br />15. Optional Post Mining Developed Water Resource — In order to implement the proposed <br />phased bonding approach and initiate new phases through the technical revision process, <br />the developed water resource should not be designated an option, but the end use. <br />a. Please eliminate references to Option #1 /Option #2 and tie the rangeland <br />reclamation and developed water resource reclamation to the appropriate mining <br />phase. <br />Regulatory Note: Pursuant to the Office of the State Engineer (OSE) Dam <br />Safety Branch Rules and Regulations for Dam Safety, Rule 5.8.2 Approval <br />Limitation - If construction, alteration, or repair of a reservoir dam is not <br />commenced within five years of approval of the application, the State <br />Engineer's approval shall be void. The plans and specifications approved by <br />the OSE as part of the previous application (M- 2008 -052) submitted to the <br />Division will expire in 2013, unless construction commences prior to the end of <br />that five year period. <br />b. If a new dam application is required by the OSE, the Division will require the <br />Applicant /Operator to submit an amendment application to incorporate the <br />change and provide sufficient time for the necessary review by the Division. <br />16. Section 3.1.6(2) — Earthen dams. This section references a "Design Report for the Phase <br />One Reservoir prepared for the Office of the State Engineer" in Appendix IV. The <br />Division could not find Appendix IV. Please submit Appendix IV. <br />17. Section 6.4.5(2)(e) — Reclamation Schedule. This section indicates a slurry wall will be <br />installed prior to mining in phase One. Exhibit D, Section 6.4.4(a) states "No slurry wall <br />will be constructed until deemed appropriate the areas designated for construction of the <br />slurry walls will be indentified and the Division of Reclamation, Mining and Safety will <br />be notified and a Technical Revision will be submitted before any slurry walls are <br />installed." Please provide clarification. <br />a. Is the Applicant planning on submitting a TR for the slurry wall before mining <br />begins? <br />b. There are no locations shown on the mining plan map (Exhibit C) or the <br />reclamation plan map (Exhibit F). <br />i. Please indicate where all slurry walls are proposed (on Exhibit C and/or <br />Exhibit F as appropriate), and <br />ii. Please provide estimated depths (difference between the bottom <br />elevation and elevation of the top of wall) for the purpose of estimating <br />any necessary slurry wall bond casts). <br />18. Section 6.4.5(2)(e) — Reclamation Schedule. This section discusses a number of <br />stockpiles along the north edge of the operations. There is approximately 10.5 acres of <br />stockpiled growth media along the south edge of and within the proposed permit <br />boundary. This material is from the Evans #2 pit (M- 2000 -041) but requested to be <br />placed in its current location by Stonewall Springs. The Mined Land Reclamation Board <br />