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sufficient replacement water must be dedicated to the plan to cover the expected depletions that would <br />occur at the site. The expected depletions must include evaporation from the surface area and the effects <br />of the first fill that would occur if dewatering operations at the site ceased and the ponds were allowed to <br />fill. At least three years prior to completion of dewatering, the applicant must submit a plan that specifies <br />how the post-dewatering depletions, including refilling of the pit, will be replaced, in time, place and <br />amount. If the final reclamation does not include backfilling or lining, and the applicant has not dedicated <br />permanent replacement water to the plan, the applicant can still provide sufficient bonding (through the <br />Division of Reclamation Mining and Safety) to cover lining or backfilling until such time as a court- <br />approved augmentation plan is obtained or until all depletions at the site have ceased and all delayed <br />depletions have been replaced. In the event that the operator of the pit walks away from the site prior to <br />final approval of an augmentation plan or prior to replacement of all delayed depletions, the dedicated <br />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. <br />Please indicate which of the above options will be selected, and provide an appropriate detailed cost <br />estimate for that option for bond calculation purposes. <br />Cost to implement the USACOE Approved Wetlands Mitigation Plan should also be broken down <br />and included in the revised reclamation estimate. <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 />EXHIBIT P - Municipalities Within Two Miles (Rule 6.4.16): Adequate as submitted