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Exhibit 1 <br /> The Division has identified four approaches for operators: <br /> 1. File a financial warranty that will ensure backfilling of the pit to cover the exposed ground water to a <br /> depth of two feet above the static ground water level or, <br /> 2. Obtain a court approved augmentation plan prior to exposing ground water or, <br /> 3. File a financial warranty to cover the cost of installing a clay liner or slurry wall that meets the <br /> Division of Water Resources requirements for preventing ground water exposure or, <br /> 4. Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO's <br /> requirements pursuant to§ 37-90-137(11). <br /> The Division will work with operators on an individual basis as they move to implement one of these plans. It <br /> is likely that options 1 and 3 will require the submittal of a technical revision or an amendment to the existing <br /> permit depending on the nature of the current mining and reclamation plan and the proposed changes. <br /> Increased financial warranties,as a result of these modifications, may be posted in a phased manner not to <br /> exceed three years. Amendments or revisions currently under review will be required to be approved by <br /> April 30,2011 and may use the phased financial warranty approach described above. New applications going <br /> forward or presently under review by the Division will be required to meet the requirements of one of the <br /> options 1-4 at the time of application approval. Failure of affected operators to initiate contact with the <br /> Division and gain compliance as described above could result in an enforcement action being issued by the <br /> Division. <br /> If you have any questions, please contact Tony Waldron at 303-866-3567,extension 8150. <br /> cc: M1998067 Patton Clay Mine <br /> M1985203 Edmundson Clay Mine <br /> M1977320 8-Mile Clay Mine <br /> M1977321 Native/Pierre Mine <br /> M1977322 Beaver Crk Clay Mine <br /> M1977324 Stocks Clay Mine <br /> M1977219 Fox No. 1 Clay Pit <br /> M1977317 Cedarwood Clay Kne <br /> M1977325 Cherokee Clay Mine <br /> M1993080 Calhan Clay Pit <br /> t <br />