Laserfiche WebLink
1. Consistent with the Reclamation Plan approved by the MLRB as a condition of the <br />MLRB Permit, and consistent with Section l Lc of the 1999 MOU, RMCC has substantially completed <br />certain material aspects of the approved Reclamation Plan in Cell # 1 that will not otherwise be disturbed <br />appreciably by the CITY, or parties contracted by the CITY, during the installation of the slurry wall the <br />CITY requires for the water storage facility in Cell # 1. These reclamation tasks set forth in the <br />Reclamation Plan and Section l Lc of the M.O.U. include but are not necessarily limited to completion of <br />reclamation grading and sloping in Cell #1 and the removal of overburden spoils piles above existing <br />ground levels, except that the land bridge from RMCC's processing area to its Erger's Pond Property <br />located north of Cell # 1 that presently divides the eastern and western portions of Cell # 1 (see Exhibit C) <br />shall remain in place and within the boundary of the MLRB permit until mining and reclamation on the <br />Erger's Pond Property immediately north of Cell # 1 is completed under MLRB Permit No. M -98 -036 <br />and RMCC is granted a release by MLRB of the MLRB permits for both the Bromley Lakes Property and <br />Erger's Pond (i.e., MLRB Permit Nos. M -87 -049 and M -98 -036, respectively). <br />2. RMCC shall continue to augment the evaporative loss of groundwater from Cell # 1 until <br />the date that RMCC has pumped the water currently stored in Cell # 1 out of that structure as part of the <br />initial liner test that will be required by the Colorado State Engineer (Colorado Division of Water <br />Resources) as described in the State Engineers Guidelines for Lining Criteria for Gravel Pits (August <br />1999) (provided, however, that the CITY shall request, or shall cause its slurry wall contractor to request, <br />the Colorado State Engineer to initiate the liner test within 30 days following the completion of the slurry <br />wall by the CITYs contractor(s)) and until the Colorado State Engineer expressly releases RMCC from its <br />augmentation obligation for Cell #1. Any such release by the State Engineer shall not affect RMCC's <br />continuing obligation to augment for the evaporative loss of groundwater from Cell # 2 and Cell # 3 on <br />the Bromley Lakes Property. <br />3. The Reclamation Plan approved as a condition of the MLRB Permit requires RMCC to <br />install that certain "side channel depression" on the northwest side of Cell # 1. See Exhibit D for the sole <br />purpose of ascertaining the intended location of the "side channel depression" in Cell #1. RMCC shall <br />install the side channel depression provided, however, that prior thereto RMCC, the CITY and UDFCD <br />shall consult one another to determine the design and cost of the side channel depression consistent with <br />the UDFCD Guidelines, and the rights and responsibilities of the consulting parties with regard to <br />construction oversight, inspections, and final approval and acceptance of same. While the primary <br />purpose of the consultation will be to establish the design of the side channel depression required in Cell <br /># 1, RMCC, the CITY and UDFCD may also evaluate the comprehensive integration of various flood <br />control structures on the Bromley Lakes Property in light of the CITY's water storage facility post - mining <br />land use, assess whether the flood control structures set forth in the approved Reclamation Plan <br />accomplish the flood control objectives in the most efficient and cost effective manner and devise an <br />equitable allocation of costs between the CITY, RMCC, and UDFCD, if any, for possible changes to the <br />flood control structures that may be required to accommodate the construction and operation of the water <br />storage facilities in Cell # 1, Cell # 2 and Cell # 3 on the Bromley Lakes Property. <br />a. The parties shall conclude the consultation contemplated herein within forty -five (45) <br />days of the effective date of this Agreement. In the event the parties disagree as to the <br />final design of the side channel depression, the parties will abide by UDFCD's <br />determination as to such design and RMCC shall construct the "side channel depression" <br />in Cell #1 consistent with the UDFCD design criteria. <br />b. Upon conclusion of the consultation, the parties shall together determine a schedule for <br />the installation of the "side channel depression," which RMCC shall construct. The <br />schedule shall address whether RMCC should install the "side channel depression" prior <br />to or after the Colorado State Engineer (Colorado Division of Water Resources) approves <br />