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wall." Amendment No. 4 Application, Exhibit D, Page 2. When the CDRMS Staff asked why there <br /> were no cost estimates for importing that material. CMC responded that: <br /> Castle has been importing material for free or by charging a tipping fee... Castle is <br /> currently negotiating with the City of Colorado Springs and private companies to <br /> develop the property adjacent to the mine. Regardless of the development type, all <br /> or nearly all of the imported material necessary to reclaim the mine can be provided <br /> by this development with the costs to deliver the material to the existing quarry <br /> stockpile area burdened by the developer. <br /> Response to Adequacy Review No. 1 dated December 11, 2019, 6.4.12 EXHIBIT L —Reclamation <br /> Costs. As this incredible statement was challenged and the true nature of the negotiations with the <br /> City of Colorado Springs became public, CMC changed its position and asserted at the hearing it <br /> could get all needed material on site. CMC similarly- changed its position in its Response to <br /> Adequacy Review No. 2: "The reclamation surface has been revised so that all the material required <br /> to backfill and reclaim the quarry comes from inside the existing permit/affected lands boundary." <br /> Response to Adequacy Review No. 2 dated January 7, 2020. 6.4.3 EXHIIBIT C. <br /> New Evidence <br /> Since the hearing, CMC finalized its negotiations with the City of Colorado Springs and has <br /> sold to The Conservation Fund, as an agent for the City of Colorado Springs, 151.538 acres of the <br /> land from which CMC was to obtain the needed fill material. See Exhibit A" Access Easement and <br /> Fill Dirt Removal Agreement dated September, 2020. Paragraph 1. In that contract CMC reserved <br /> the right to access and take up to but not in excess of 2.200,000 cubic yards of fill" but CMC is <br /> restricted from taking fill from any of that 151.538 acres of property other than a small, 9.315 acre <br /> parcel designated as the "Fill Dirt Borrow Area. Exhibit A. Paragraph 1. Significantly, the costs <br /> to access, excavate, remove and transport that fill are not placed on the City of Colorado Springs" <br /> as earlier indicated by CMC in its response to Adequacy Review No. 1, but are exclusively CMC's <br /> expense. M <br /> What is abundantly clear is that there are not 2,200,000 cubic yards of loose and available <br /> structural till stockpiled on those 9.315 acres, and to get that much fill, CMC must perform <br /> expensive blasting, sorting, processing and transportation work. To get 2,200,000 cubic yards of <br /> material from 9.315 acres would require excavating a new pit 148.5 feet deep, which is a very <br /> expensive undertaking. (Note this calculation does not take into account the need to lay back the Pit <br /> walls and construct wide roads into the Pit.)The cost estimates for Amendment No. 4 do not include <br /> any costs for that work. As the Objector demonstrated at the hearing, the costs just to transport and <br /> handle the approximately 2,345.000 cubic yards of additional needed structural fill material is <br /> staggering, estimated to be in excess of$10,000,000. While CMC might assert that it is willing to <br /> do that work, the Board's obligation is to require a bond sufficient to cover all of the work required <br /> to complete the reclamation plan in case the operator does not complete that work. <br /> RULE 4.2.1(4): THE AMOUNT OF THE FINANCIAL WARRANTY SHALL BE <br /> SUFFICIENT TO ASSURE THE COMPLETION OF THE RECLAMATION OF <br /> AFFECTED LANDS IF THE OFFICE HAS TO COMPLETE SUCH RECLAMATION DUE <br /> TO FORFEITURE. <br /> 7 <br />