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water or bond will be used to ensure that depletions will not occur at the site or that depletions will be <br />replaced. As part of the proposed plan, the applicant must clarify whether they will dedicate water to the <br />plan or whether a bond has been approved. If the applicant has obtained a bond, they must indicate the <br />amount of the bond and show that the bond is adequate to line or backfill the water surfaces that will be <br />exposed during the plan period." <br />This means that division is required to additionally bond for one of the following options whenever <br />groundwater is exposed on a site: <br />• Cost to backfill all excavations to two feet above static water level. <br />• Cost to install a slurry wall around all exposed water bodies to isolate them from the aquifer - bond <br />may be released when the slurry wall passes the required State Engineer leak testing. <br />• Cost to install a clay liner in all water bodies to isolate them from the aquifer - bond may be released <br />when clay liner passes the required State Engineer leak testing. <br />OR the operator may select and execute one of the following options. <br />• Operator may dedicate permanent replacement water rights to the site via documentation from the <br />State Engineer's office showing that adequate water rights to account for all exposed groundwater <br />have been committed. The SEO will then notify the Division of their acceptance of such a plan. <br />• Operator may provide evidence of a court-approved permanent augmentation plan for exposed <br />groundwater at the site. <br />Obviously this new policy will have a major impact on bonding costs for a site such as this one. Please <br />indicate which of the above options will be selected, and provide an appropriate detailed cost estimate for <br />that option for bond calculation purposes. <br />EXHIBIT M - Other Permits and Licenses (Rule 6.4.13): Adequate as submitted. <br />EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): Adequate as submitted. <br />EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined <br />(Rule 6.4.15): Adequate as submitted. <br />EXHIMIT P - Municipalities Within Two Miles (Rule 6.4.16): Adequate as submitted. <br />EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District (Rule <br />6.4.17): Adequate as submitted. <br />EXHIBIT R - Proof of Filing with County Clerk and Recorder (Rule 6.4.18): Adequate as submitted. <br />EXHIBIT S - Permanent Man-Made Structures (Rule 6.4.19): I would like to personally compliment how <br />the requirements of Exhibit S were addressed in this application. Thank you for such a clear, complete and <br />concise approach. <br />It appears that agreements are still required for most structures/utilities within 200'. Please provide evidence that <br />the appropriate agreements have been executed/pursued. Copies of letters and certified mailing receipts will be <br />adequate.