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and shrubs as soon as it is feasible after the berms have been constructed. Planting for deciduous trees shall occur prior to October 15`n and after March 15`h. Planting for evergreen trees shall occur prior to October ls` and after Mazch 15`n The applicant will not mine within 100 feet of the toe of the slope from the Kerr-McGee gas line until an agreement between Ken-McGee and the operator for compensation, or to relocate the gas line and associated facilities has been reached and submitted to the Division. Submittal of the agreement and relocation plan for the gas lines and associated facilities must be submitted in the form of a revision to the permit. A copy of the revision shall be forwarded to the Colorado Department of Transportation (CDOT) when submitted to the Division of Minerals and Geology. The applicant will maintain a 120-foot setback from the toe of the mining excavation to the eastern edge of the CDOT Right of Way for Highway 85. To provide an additional static safety factor against the geotechnical model uncertainty and precipitation runoff conditions, the assumed phreatic surface will be 10 feet above bedrock for the purpose of establishing distance between toe of slope and CDOT Right of Way. Applicant will provide the monthly groundwater level data to the DMG with a copy to the CDOT. If the subject phreatic surface is found to be more than 10 feet above bedrock at any time during mining, the lower portion of the slope (saturated portion) will be buttressed with a wedge of pit-run sand and gravel material compacted to 90 percent of maximum dry density with an out slope no steeper than 4H:1 V. Buttress construction will be completed within 90 days of detection of ground water level higher than 10 feet above bedrock. The applicant will separate the finished reservoir surface a minimum of 50 feet from the eastern edge of CDOT US Highway 85 Right of Way. The applicant will submit an appropriate revision to the permit describing mitigation measures addressing the potential for wave action and windblown water to adversely impact Highway 85. Mitigation measures will be installed within the 50-foot setback from the right of way. CDOT will be provided with a copy of the revision application at the time of submittal to DMG. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RONALD W. CATTANY ~ ~ ~ ~. Division Director