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The Division has identified four approaches for operators : 1. File a financial warranty that will ensure backfilling of the pit to cover the exposed ground water to a depth of two feet above the static ground water level or, 2. Obtain a court approved augmentation plan prior to exposing ground water or, 3. File a financial warranty to cover the cost of installing a clay liner or slurry wall that meets the Division of Water Resources requirements for preventing ground water exposure or, 4. Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO’s requirements pursuant to § 37 -90 -137(11). The Division will work with operators on an individual basis as they move to implement one of these plans. It is likely that options 1 and 3 will require the submittal of a technical revision or an amendment to the existing permit depending on the nature of the current mining and reclamation plan and the proposed changes. Increased financial warranties, as a result of these modifications, may be posted in a phased ma nner not to exceed three years. Amendments or revisions currently under review will be required to be approved by April 30, 2011 and may use the phased financial warranty approach described above. New applications going forward or presently under review by the Division will be required to meet the requirements of one of the options 1 -4 at the time of application approval. Failure of affected operators to initiate contact with the Division and gain compliance as described above could result in an enforcem ent action being issued by the Division. If you have any questions, please contact Tony Waldron at 303 -866 -3567 , extension 8150 . cc: Permit Id Site Name