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mechanical controls first;if that fails to effectively control the weeds, it plans to use <br /> chemical controls, and cultural or biological controls would be used as a last resort, in <br /> accordance with the Weld County Code and the Colorado Noxious Weed <br /> Management Act. <br /> 33. The weight of the evidence suggests that this plan would control weed infestation. <br /> 34. The Applicant's plan satisfies Rule 3.1.10(6). <br /> Financial Warranty <br /> 35. The Objectors are concerned that the size of the financial warranty is sufficient to <br /> ensure that the proposed operation is adequately reclaimed. <br /> 36. Construction Materials Rule 4.2.1 requires that the Applicant post a warranty that <br /> reflects the actual current cost of fulfilling the requirements of the Reclamation Plan. <br /> It must include an amount equal to five(5%)percent of the cost of reclamation to <br /> cover the Division's administrative costs. <br /> 37. The Division evaluated the sufficiency of the Applicant's proposed warranty using a <br /> computer program designed for use in the coal program and approved by the U.S. <br /> Department of Interior, Office of Surface Mining. This program assigns values to <br /> each reclamation task based on the details associated with the particular operation, <br /> including time, equipment and materials. The program also accounts for the <br /> Division's 5%administrative costs. <br /> 38. Based on this evaluation,the Division is requiring a warranty of$1,052,152.00. <br /> 39. The weight of the evidence supports the conclusion that this warranty amount is <br /> sufficient to cover reclamation costs for the proposed operation. <br /> 7 <br />