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TJivision of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />05/01/08 <br />Page 8 of 9 <br />k. The shoreline of the proposed water storage reservoir needs to be constructed with <br />5 to 8:1 slopes and covered with quality top soil materials in order to provide sub- <br />irrigation for establishment and long term maintenance of riparian vegetation. <br />33. The Applicant should be required to satisfactorily show the Division that it has the rights <br />to sufficient augmentation water to address the evaporation that will occur at the <br />reclaimed pit and to keep the required reclamation landscaping and trees properly <br />irrigated to permanently survive; <br />34. The Applicant should be required to post a corporate surety bond, an irrevocable letter of <br />credit, a certificate of deposit, or a cash escrow account as a performance and financial <br />warranty in a satisfactory amount and of a satisfactory duration to assure that all of <br />Applicant's duties, obligations, expenses, and costs involved in the above-listed <br />conditions of the approval of the Permit Application are satisfactorily performed and paid <br />for, and such performance and financial warranty should not be released until the <br />Applicant has satisfactorily demonstrated to the Division such performance and payment; <br />35. The Applicant should not be allowed to make any changes in any of the above-listed <br />conditions without the review and approval of the Division after notice and a public <br />hearing on the proposed changes; <br />36. The Permit for operation of the SerFer Pit should expressly automatically expire no later <br />than forty-eight (48) months after it has been approved by the Division; <br />37. The Division's approval of the Permit Application should expressly state that if the <br />Applicant does not commence the actual operation of the SerFer Pit within three (3) years <br />of the approval date, then the approval shall automatically expire and be null and void <br />without notice or any further action on the part of the Division. <br />The above-stated conditions for the Division's approval of the Permit Application are in <br />keeping with the Larimer County Special Review Findings and Resolution Approving the <br />Petition of Kyger/Lafarge Pit dated July 12, 2000, and recorded in the real estate records of the <br />Larimer County Clerk & Recorder on July 13, 2000 at Reception No. 2000047082. It is only <br />appropriate that the SerFer Pit be held to standards substantially similar to the Kyger/Lafarge Pit. <br />Very Truly Yours, <br />March, Olive & Pharris, LLC <br />~~~ <br />J W. Pharris <br />