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Response: <br />The applicant /operator commits to requesting an Acreage Release or Surety <br />Reduction when the disturbed area reaches 9.9 acres and prior to disturbing any <br />additional area. This will ensure the proposed "floating bond concept" will have <br />adequate funds should revocation and forfeiture become necessary. <br />b. Please confirm the stated 9.9 acres is the maximum expected disturbance <br />(including mining + incomplete and/or unreleased reclamation). <br />Response: <br />The applicant/operator confirms that the stated 9.9 acres is the maximum expected <br />disturbance (including mining + incomplete and/or unreleased reclamation). <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 Safety <br />Branch Rules and Regulations for Dam Safety, Rule 5.8.2 Approval Limitation - <br />If construction, alteration, or repair of a reservoir dam is not commenced within <br />five years of approval of the application, the State Engineer's approval shall be <br />void. The plans and specifications approved by the OSE as part of the previous <br />application (M- 2008 -052) submitted to the Division will expire in 2013, unless <br />construction commences prior to the end of that five year period. <br />Response: <br />The applicant at this time asks the Division of Reclamation, Mining and Safety to <br />eliminate references to Option #1 /Option #2 and tie the rangeland reclamation to <br />this dry pit phased mining operation without any references to the developed <br />water resource post mining use, the applicant plan is to reclaim the disturbed areas <br />to rangelands in the phased approach as detailed in the application package. <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 change <br />and provide sufficient time for the necessary review by the Division. <br />Response: <br />The applicant understands that if a new dam application is required by the OSE, <br />the Division will require the Applicant/Operator to submit an amendment <br />application to incorporate the change and provide sufficient time for the necessary <br />