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Rule 6.4.12 Exhibit L— Reclamation Costs <br />2.) Please address item #26 from the first adequacy review: <br />26.) Since 140 acres of open ground water will remain after the site is reclaimed, Lafarge <br />must obtain a court approved augmentation plan from the Office of the State Engineer. <br />The Division is required to set the financial warranty at a level which reflects the actual <br />current cost of fulfilling the conditions of the Reclamation Plan per Rule 4.2.1(1). <br />Therefore, without an augmentation plan in place the financial warranty must be set at <br />an amount which accounts for the exposed groundwater. The Division has identified <br />several options for determining the amount of the financial warranty. The Applicant <br />must choose one of the following options to be included in the financial warranty <br />calculation: <br />1) Backfill all of the pits to two feet above the groundwater level. <br />2) Install a slurry wall or clay liner. <br />3) Provide the Division with documentation from SEO, which demonstrates that <br />the Applicant owns a sufficient amount of shares of water to cover the <br />evaporative losses from the exposed groundwater and the said shares have been <br />committed to the SEO should the financial warranty forfeited and the permit <br />revoked. <br />If the Applicant obtains an augmentation plan prior to final release, then the <br />financial warranty will be adjusted accordingly. <br />The Division is in the process of conducting a financial warranty estimate, part of which relies <br />on your response to this letter. This concludes the Division's review to your December 11 th , <br />2009 response letter. If you have any questions please feel free to call me at (303)- 866 -3567 <br />ext. 8120. <br />Sincerely, <br />Jared Ebert, <br />Environmental Protection Specialist <br />DRMS <br />Cc: Anne Best Johnson, Lafarge West, Inc. <br />Tony Waldron, DRMS <br />