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be backfilled. Based on the Divisions backfill estimate for 23.3 acres <br />the amount needed to fill 15.3 acres is approximately 586,000 cubic <br />yards. <br />• The source of Cell 2 backfill — The Applicant estimates that <br />approximately 900,000 cubic yards of material is available to backfill <br />the 15.3 acre balance of Cell 2. The backfill material will come from <br />the Applicant's Erger's Pond Pit (Permit # M-1988-036) which is <br />contiguous to the north boundary of Bromley Lakes mining Phase 11. <br />Backfill material will be conveyed from the Erger's Pond Pit to Cell 2 <br />via the Applicant's existing field conveyor. The approximate conveyor <br />transport distance is 4,000 feet. <br />• Once the balance of Cell 2 has been backfilled approximately 12 inches <br />of topsoil will placed over the 15.3 acres and seeded with Seed Mix # 1 <br />(upland seed mix). <br />20. "Concerning reclamation of the 11.7 acres of wetlands just north of Cell No. 2 and the <br />possible open water lake of Phase 18, fgroundwater will be permanently exposed, then <br />the Applicant must obtain a court approved augmentation plan from the Office of the <br />State engineer. The Division is required to set the financial warranty at a level which <br />reflects the actual current cost of fulfilling the conditions of the Reclamation Plan per <br />Rule 4.2.1(1). Therefore, without an augmentation plan in place the financial warranty <br />must be set at an amount which accounts for the exposed groundwater. The Division has <br />identified several options for determining the amount of the financial warranty. The <br />Applicant may choose one of the following options to be included in the financial <br />warranty calculation: <br />1) Backfill all of the pits to two feet above the groundwater level. <br />2) Install a slurry wall or clay liner. <br />3) Provide the Division with a letter from the Office of the State Engineer stating that an <br />augmentation plan is not required until final release and that a bond will not be <br />required in the interim. <br />If the applicant obtains an augmentation plan prior to final release, then the financial <br />warranty will be adjusted accordingly. " <br />Applicant's Response: <br />The Applicant currently has a Substitute Water Supply Plan (SWSP) approved by the <br />State Engineer's Office (SEO) for the Bromley Lakes Pit. Once the Bromley Lakes Pit <br />is fully reclaimed and actual ground water depletions, if any, have been quantified, the <br />Applicant will prepare and submit a permanent plan of augmentation to the Colorado <br />Water Court for adjudication. <br />10/2/2009 8 <br />