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The Division has identified four approaches for operators: <br />1. File a financial warranty that will ensure backfilling of the pit to cover the exposed ground water to a <br />depth of two feet above the static ground water level or, <br />2. Obtain a court approved augmentation plan prior to exposing ground water or, <br />3. File a financial warrantyto cover the cost of installing a clay liner or slurry wall that meets the <br />Division of Water Resources requirements for preventing ground water exposure or, <br />4. Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO's <br />requirements pursuant to § 37-90-137(11). <br />The Division will work with operators on an individual basis as they move to implement one of these plans. It <br />is likely that options 1 and 3 will require the submittal of a technical revision or an amendment to the existing <br />permit depending on the nature of the current mining and reclamation plan and the proposed changes. <br />Increased financial warranties, as a result of these modifications, may be posted in a phased manner not to <br />exceed three years. Amendments or revisions currently under review will be required to be approved by <br />April 30, 2011 and may use the phased financial warranty approach described above. New applications going <br />forward or presently under review by the Division will be required to meet the requirements of one of the <br />options 1-4 at the time of application approval. Failure of affected operators to initiate contact with the <br />Division and gain compliance as described above could result in an enforcement action being issued by the <br />Division. <br />If you have any questions, please contact Tony Waldron at 303-866-3567, extension 8150. <br />cc: M1977559 Canon City East Pit <br />M1977560 Rocky Ford East Pit <br />M1977572 Lamar East Pit <br />M1977222 Rocky Ford South Pit