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Technical Revision, and not necessarily representative of an attempt to `seal' the basin from <br />groundwater. Regardless, Varra Companies, will assure compliance in either circumstance. <br />2. Backfilling Activity <br />Tracts A and correlated permitted lands and activities (inspection commentary and approved <br />permit language): <br />The OMLR Inspection Report of 28 August 2014 states: `The sedimentation ponds located <br />along the western boundary of the tract will be backfilled with waste material as mining <br />continues. The pond backfilling operation is not currently approved in the mining and <br />reclamation plans. The Operator must submit a technical revision to update the approved <br />mining and reclamation plans for the site to indicate this change prior to consideration of any <br />future release request by the Division.' <br />From the Original approved permit — approved 27 April 1999: <br />Exhibit D (pg.2, ¶5), states: `...Once established, the settling basins will only be needed <br />when cleaning out the wash pond solids for use as fill, product, or use as a soil /soil <br />amendment. Otherwise, it is the intent to recycle wash pond water as a closed system.' <br />Later, (pg.2, 15) `Ultimately, the closed system wash pond will fill with silt and be <br />revegetated in a manner consistent with Exhibit E — Reclamation Plan. Interim clean out of <br />the wash pond will occur, returning the inert materials to the bottom of exhausted pits, or <br />utilizing it in part or in whole as product, or for purposes as substitute soil, soil additive, or as <br />subsoil for reclamation...' <br />Exhibit E further clarifies intent of extraction and reclamation intent (pg.2, 12 following the <br />DOW quote): `Due to the unpredictable nature of the anticipated geology [actual depth of <br />material and type will vary — extraction and pond depths are approximated typical maximum <br />extents] and other factors, it is a near misrepresentation to forecast the final appearance of the <br />ponds, as it creates an unrealistic expectation in a regulated environment on the minds of <br />various regulating agents, the general public, and on operations. Simultaneously, setting <br />false expectations about the final appearance of the ponds, beyond that already portrayed, <br />will drain flexibility from operations essential to the creation of more desirable effects, while <br />simultaneously exerting pressure for needless and on -going revisions to the permit...' <br />Continuing (pg.2, 13): `Time and timing will also come into play respective of materials to <br />be used as fill. The utilization of fill is dependent upon the space available for deposition <br />over completed areas of extraction in relation to the rate of creation of reject fines and <br />overburden. Other influences will be the attending space for stockpiling, uses, or market <br />conditions for fill material. Some locations will be more advantageous to fill at a given point <br />in time than others, and the attending circumstances cannot be reasonably anticipated. The <br />random nature of this limitation will actually aid in furthering the establishment of random <br />non - geometric patterns of the finished ponds.' <br />Varra Companies, Inc. correspondence of 30 March 2015 to the Colorado Office of Mined Land Reclamation in 3 <br />reply to the OMLR Inspection Report of 28 August 2014 — Kurtz Project — M- 1999 -006 <br />