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(w*%= TETRA TECH <br />Page 7 of 8 <br />Mr. Jared Ebert <br />October 16, 2009 <br />warranty. The applicant must choose one of the following options to be included in <br />the financial warranty calculation: <br />a. Backfill all of the pits to two feet above the groundwater level. <br />b. Install a slurry wall or clay liner. <br />c. Provide the Division with documentation from SEO, which demonstrates that <br />the Application owns a sufficient amount of shares of water to cover the <br />evaporative losses from the exposed groundwater and the said shares have <br />been committed to the SEO should the financial warranty forfeited and the <br />permit revoked. <br />If the applicant obtains an augmentation plan prior to final release, then the financial <br />warranty will be adjusted accordingly. <br />Lafarge is making a decision about this and we will respond as soon as possible. <br />27. Will the scale house/office remain on site as indicated on the reclamation plan map in <br />the upland area north of the industrial site? If not, please report the dimensions of the <br />scale and what material the scale is made of. If the office is on a concrete slab, what <br />are its dimensions? <br />We adjusted the boundary of the industrial area shown on Exhibit F to include the <br />office/scale house because it is planned to remain on site and be a part of the plant <br />site operation. <br />6.4.19 EXHIBITS S - Permanent Man-Made Structures <br />28. Please Submit evidence that an attempt was made to reach an agreement with Weld <br />County for the Poudre Trail and the Fence. In the mean time, the Division will <br />conduct a review of the stability analysis submitted with the application. <br />Weld County's attorney, Bruce Barker, has indicated that he is having one of the <br />County Commissioners sign the agreement for the Poudre Trail and the fence and he <br />will be forwarding it to us soon. We will provide the DRMS with a copy when it is <br />returned to us. <br />Other Issues: <br />29. Enclosed are three letters from the Division of Water Resources, Office of <br />Archaeology and Historic Preservation, and the Army Corps of Engineers. Please <br />respond to their concerns. Also, the objection letter from Mr. William Rodman is <br />enclosed, which you have already responded to. <br />We are working on a response to the Division of Water Resources comments and will <br />respond in writing to them and provide the DRMS with a copy of the response when it <br />is completed. Attached are response letters to the Office of Archaeology and Historic <br />Preservation and the Army Corps of Engineers. As you indicated, we responded to <br />Mr. Rodman's objection letter and he rescinded his objection.