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<br />Exhibit E (continued page #2) <br />9. Moffat County does not anticipate the interception of ground <br />water at this facility. If water is encountered, it will be <br />impounded, and the property owner will file for the necessary <br />water right with the Division of Water Resources, and the <br />Colorado Water Court. <br />11. The reclamation plan includes developing low places in the <br />excavation areas to control local drainage. If these low areas <br />collect a substantial amount of water for extended periods of <br />time, the land owner will file for a water storage right under <br />the Colorado Water Law. <br />12. The access road will be re-developed, graded and drained. <br />This facility will remain for post-mining agricultural use. <br />13. Berms and ditches will be used as necessary to divert <br />surface run-off away from the pit area. <br />Exhibit E Page #2 <br />