2013-05-10_REVISION - M1977193 (3)

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Azurite, Inc. 10001 CR 12 P.O. Box 338 Cotopaxi, Colorado 81223 719- 942 -4178 has signed a Structure Agreement with Black Hills Energy that addresses all structures within or near affected land boundaries (please refer to Exhibit S in the permit amendment submittal received by the Division on January 4, 2013). 8. The easement locations shown on the Pre - Mining and Mining Plan map are for utility right of ways held by Black Hills aka West Plains Energy, the local power company which changed corporate names frequently over the past number of years. The easement which crosses the affected land diagonally contains no structures. The poles were removed in 2012 and there are no plans to use this ROW in the future, as they once accessed a mine site in the 1950's and 60's. The easements shown along the eastern boundary of the affected land are active powerline right of ways that belong to Black Hills Energy. Tezak Heavy Equipment Company, Inc., provided a copy of the Structures Agreement signed and notarized October 20, 2012, which will cover all easements in question, in Exhibit S of the permit amendment submittal received by the Division on January 4, 2013. 9. References to start up in 2012 have been removed from the narrative. No disturbance has occurred to date on proposed amendment acreage. 10. Blasting monitoring and record keeping has been a requirement of this operation for a number of years and kept on file at the site. Individual blasting event reports are available for inspection at any time upon request. 11. The narrative in the January 2013 submittal referenced highwall design dated 1985. The decision to forego re- vegetation attempts on the mine benches was made and approved by the Division at the time of the 1997 permit amendment. The Reclamation Plan narrative has been revised to clarify that the currently approved reclamation of high wall benches is without re- vegetation. The BLM is aware of this detail regarding has been requested to submit documentation to DRMS acknowledging this. 12. This paragraph has been revised to read "65 acres of excavated highwall bench area will be exposed via mining at the termination of mining at this location" (not re- vegetated). 13. Stormwater detention ponds are critical structures necessary to contain and control potentially high- volume storm discharges from the steep terrain immediately to the west. They will be necessary at least until final reclamation, including re- vegetation of all pit areas and construction of any storm flow management structures, has been completed and shown to be operational from highwall bench area drainage locations across the former pit area and into natural drainage channels east of the permit area. Long -term (in perpetuity) commitment to final highwall benches will include inspection and removal, when necessary, of localized rock fall along the lateral reach of the mine benches. This will require commitment to inspect and maintain these structures at an appropriate frequency of time and/or event interval. It is the operator's preference to commit to similar inspection and maintenance of all sediment pond/storm detention structures at least until all reclamation efforts have shown to be operating successfully with minimal maintenance demand. Breaching of sediment ponds will be considered by the operator once it has been determined that re- vegetation efforts have been successful and all storm