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elevation is shown on Exhibit F - Reclamation Plan Map at the following elevations per <br />Tract: <br />Tract A = elevation 4792 ft. <br />Tract B = elevation 4792 ft. <br />Tract C = elevation 4807 ft. <br />6. The Applicant has indicated the pits may be lined immediately prior to release. <br />Please note the lining of the pits could result in potential impacts to the hydrologic <br />balance which would have a significant effect on the approved or proposed Reclamation <br />Plan. Such a significant effect would require an amendment to the permit. In addition, <br />the Applicant would be required to demonstrate that the water level of the reservoirs <br />would be maintained at a certain depth or range of depth in order to conform to the <br />requirements of Rule 3.1.5(7). <br />The Applicant acknowledges that should the reservoirs be lined, an Amendment will be <br />necessary to gain approval from the Office prior to on-set of such activities. All slopes <br />would conform to 3H:1 V as part of any Amendment, since a stable water level may not <br />be possible in a lined state. <br />7. The Applicant has stated plant and processing facilities will be constructed within <br />the permit area and that the proposed plants may remain after reclamation is complete. <br />Please note that any buildings that are to remain after reclamation must conform to local <br />building and zoning codes per Rule 3.1.11. Since it is the intent of the Applicant to <br />include these structures in the permit area, their location must be specified prior to <br />Division approval of the permit application. Please list and locate on the applicable <br />exhibits all structures that will be constructed on the site and provide their associated <br />dimensions and composition in order to accurately estimate the cost of removal. Any <br />change in location of the structures can be addressed through a Technical Revision in the <br />future. <br />Any facilities planned for the plant area will be wheeled or skid mounted and portable. <br />Any fixed elements will be provided to the Office as part of a Technical Revision and <br />will not be constructed without the necessary approvals. <br />8. The Applicant has submitted `Letters of Understanding' that were provided to <br />owners of significant, valuable and permanent man-made structures that are located <br />within 200 feet of the proposed affected land. Rule 6.4.19(a) states the Applicant may <br />provide notarized agreements between the Applicant and the person(s) having an interest <br />in the structure that the Applicant is to provide compensation for any damage to the <br />structure. The `Letters of Understanding' were not notarized nor did they contain any <br />provisions relating to compensation in the event a structure is damaged. Therefore, the <br />Division cannot accept these documents as proof of compliance with Rule 6.4.19. Please <br />note that the Applicant must attempt to obtain damage waiver agreements with structure <br />owners prior to the Division's consideration of an engineering evaluation. <br />Vaasa Companies, Inc. correspondence of 1 September 2009 to the Colorado Office of Mined Land 4 <br />Reclamation (Office) in reply to Office correspondence of 27 July 2009 - Heintzelman Project - <br />M2009-018.