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<br />Exhibit "E" <br />(5) There will be no refuse, acid forming or toxic materials that have been mined or handled in <br />this operation. With this simple sand production operation, the sand arroyo will remain basically <br />the same way it has been over the years which will not create unsightliness or affect the drainage <br />operation. <br />(6) There will be no drill or auger holes to be plugged with non-combustible material. There will <br />be no chance in this operation for harmful or polluting drainage. Neither will there be any adits <br />or shafts to be closed. <br />(7) Maximum slopes and slope combinations shall be compatible with the configuration of <br />surrounding conditions and selected land use. There will be no lake or pond constructed. <br />Therefore, no swimming areas are proposed. <br />(8) The operator's choice of reclamation is open space consistent with the surrounding territory. <br />Backslopes will be finished on both sides of sand creek at 3H:1 V or flatter if required by ML12B. <br />. Farm machinery will no be used during or after mining. <br />(9) The operator will backfill with structural material generated in the MLRB permitted area. <br />There will be no backfill material imported outside the permit area. The operator will maintain <br />at all times a Financial Warranty adequate to cover the cost to stabilize and cover any exposed <br />backfill material which will be composed of topsoil if required by ML12B. <br />The Notice to the office shall include the following: <br />(a) This pit lies about 6 miles west southwest of Walsenburg north of Highway 160. <br />(b) The approximate volume of inert material for backfilling and backsloping has not been <br />projected at this time due to the anticipated long life of the mine. <br />(c) Signed Affidavit -This will be supplied under additional materials. <br />(d) The date the pit commenced was in 1950 and is projected to end by 2040. <br />(e) The only backfilling will be on the arroyo banks which will result in apost-mining <br />configuration that is compatible with the approved post-mining land use and similar to the <br />present use. <br />