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C,blue ear-H-) <br /> SOLUTIONS <br /> November 12, 2019 <br /> Colorado Department of Natural Resources <br /> Division of Reclamation, Mining and Safety <br /> Attn: Mr. Eric Scott <br /> 1313 Sherman Street; Room 215 <br /> Denver CO, 80203 <br /> RE: Performance and Financial Warranties Submittal <br /> North Weld County Water District, Lamb Lakes, File No. M-2018-039 <br /> Dear Mr. Scott: <br /> The following information is submitted on behalf of our client, North Weld County Water <br /> District (NWCWD), to update the Division of Reclamation, Mining and Safety (the Division) <br /> staff regarding submittal of the Lamb Lakes Site (M-2018-039) Performance and Financial <br /> Warranty. The Lamb Lakes Site Regular (112) Operation Reclamation Permit application was <br /> approved by the Division on November 14, 2018. It is our understanding, therefore, that the <br /> Performance and Financial Warranty for the permit is required to be submitted and approved by <br /> the Division on or before November 14, 2019 (Rule 4.1 (2)). <br /> NWCWD will not be submitting the required warranty by November 14, 2019, and will begin <br /> the notification, publication, and comment provisions of Rule 1.6 in preparation for a hearing <br /> before the Mined Land Reclamation Board for the reconsideration of the previous approval <br /> (Rule 4.1 (2)). Because NWCWD is a statutory special district and a quasi-municipal <br /> corporation, it cannot legally satisfy the requirement of the corporate sureties that it issue an <br /> indemnification in connection with the issuance of the surety bond. Thus, the corporate surety <br /> bond is not an option available to NWCWD to provide proof of financial responsibility in <br /> connection with the issuance of the permit. However, NWCWD and their partners on the Lamb <br /> Lakes Site project are working on a solution and are confident that options for providing <br /> Performance and Financial Warranty and proceeding with the project can be secured prior to the <br /> scheduled Mined Land Reclamation Board Hearing. <br /> If you have any questions or need additional information regarding this application, please call <br /> me directly at (970) 227-2803. <br /> Sincerely, <br /> Blue Earth Solutions,LLC <br /> William Schenderlein, P.E. <br /> Project Manager <br />