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9. As noted in the Division's October 29, 1999 letter by Allen Sorenson, [he operator must obtain an agreement with the owner of the above ground utilities prior to working within 100 feet of installation of the conveyor from the West Plant/Phase I Pit. A copy of the agreement must be submitted [o the Division. (March 14, 2000 DMG Adequacy Review Response #2, page 6) 10. Western Mobile agrees with the Division's recommendations regarding the berm to be constructed for the 2,500-acre foot water storage reservoir on Southdown's property (March 14, 2000 DMG Adequacy Review Response #2, page 8, 9 and 10); • Westem Mobile proposes to complete density and moisture content test 3 days a week with an average of 7 tests per day. As long as this equates to 1 test per 2000 cubic yards of fill. • The berm lifts will be no more than 12 loose inches thick. • Each lift of fill will be scarified to a nominal depth of 2 inches to key in the next lift. • The applicant will rework "those areas that don't meet the required compaction or moisture content specifications (or permeability specs for the clay/shape core)" until the appropriate specification have been met. • Each layer/lift of material shall be compacted by passing compaction equipment over the entire surface of the lift a sufficient number of times to obtain the required density. Overlap the previously compacted area by 1-2 feet during each pass. • The constructed clay/shale core of the berm should meet minimum permeability specifications as well as other materials specifications (gradation requirements, plasticity, etc.) • Accurate records must be kept, and must be available to the Division, of each and every lab and field test. The test results must be submitted to the Division within a reasonable time after constmction activities at the berm cease. • When evaluating the stability of the berm, the applicant will use a 0.1 Sg pseudo-static seismic coefficient to determine an appropriate factor of safety. • The fill and clay/shale materials shall be free of organic matter (tree roots, shrubs, etc.), debris, frozen material and other deleterious materials. I I. The applicant anticipates replacing the Hennigh well prior to the stars of mining activities in Phase Il, Stages S and 6. Westem Mobile will provide the Division with an agreement with the owner of the well regarding the removal and replacement of said well prior to the start of mining activities in Phase 11. (March 14, 2000 DMG Adequacy Review Response #2, page 24) 12. Well #8 (Permit 7781) is located on property owned by Southdown. This will be removed as part of the mining process. If necessary, the applicant will provide the Division with an agreement from the owner regarding the removal and/or replacement of this well. (March 14, 2000 DMG Adequacy Review Response #2, page 24) 13. Regarding the Southdown and Boulder County pending agreements/waivers, Westem Mobile hopes to be able to provide the Division with the signed and notarized agreements/waivers on or before April 21, 2000. Should Westem Mobile be unable to provide the Division with the pending agreements/waivers referenced above, the Company will commit in writing that all mining and reclamation activity will be carried out in compliance with the requirements of Rule 6.4.19 of the constmction Material Rules and Regulations of the Colorado Mined Land Reclamation Board. Specifically, Western Mobile will comply with the setback guidelines described in the attached letter from Scot, Cox & Associates, which is contained in Exhibit S, Permanent Man Made Structures, as previously submitted [o the Division as part of Westem Mobile's original DMG Permit Amendment, dated June, 1999. (April 20, 2000 DMG Adequacy Review Response #3, page 2) 14. Westem Mobile will maintain a 200-foot setback distance from the residence curently leased by Southdown, Inc. to Henry Braly and occupied to Kevin Braly. Set backs from outbuildings and other structures will be determined based on the referenced letter from Scott, Cox & Associates. In the event that the residential lease is terminated, Westem Mobile will provide the Division with the appropriate documentation regarding the Company's legal right of entry for purposes of mining and the right to remove all strncmres.