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Technical Revision(TR38),rectifying the situation through an update of the reclamation plan and to make a <br /> demonstration to the State Engineers Office for permanent designation as livestock water tanks for ponds 9A- <br /> P2, 9A-P3,and 9A-P4. Exhibit 18B,Permanent Pond Approvals,was submitted through the TR adequacy <br /> process. TR38 was initiated on 21 September 2020,adequacy responses were received from MCM on14 <br /> December 2020 and the permitting action became final on 5 January 2021. The Colorado Division of Water <br /> Resources granted permanent status on 4 December 2020 for ponds 9A-P3 and 9A-P4. Permanent <br /> designation was not granted for pond 9A-P2, due to the height of its dam. Because permanent designation <br /> was not granted for pond 9A-P2,this feature must be reclaimed. DRMS communicated with the operator <br /> offering suggestions on how best to move forward. MCM withdrew the affected land associated with Pond <br /> 9A-P2 from consideration for bond release. Access to the pond and associated topsoil pile is illustrated <br /> below on Map II_ DRMS received the USDA concurrence letter as per Exhibit 24 of the permit Document <br /> on 10 February 2021 and the updates to the Williams Fork Sediment Demonstration from MCM on 3 Feb <br /> 2021. <br /> Map II,illustrates the access <br /> road to be utilized for pond <br /> reclamation. The expected 0.2 <br /> acres of disturbance would <br /> TaP!�OIL occur around the perimeter of <br /> the pond and as a result of <br /> /f hauling from the topsoil pile to <br /> EROSION NTROL pond 9A-P2. <br /> FURROWS <br /> �• � Access Road <br /> Map IT Shows the access road to topsoil pile and Pond 9AP2. <br /> The USDA concurrence letter received from the NRCS concluded that based on their review of the Testing <br /> for Revegetation Success for Bond Release section of the bond release submittal that MCM has"fully <br /> established perennial herbaceous vegetation" supporting the intended post mining land use. NRCS cautioned <br /> that the permitted use of introduced species"will limit future establishment of native species". <br /> Permit Number C1981044 Page 7 of 25 <br />