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6.4.12 Exhibit L - Reclamation Costs <br />4. The Applicant has indicated 362,640 LCY of material is required to backfill the reservoir. <br />Please indicate if this is the amount of material required to backfill the fully excavated <br />reservoir or the current disturbance. The Division calculated the amount of material required <br />to backfill the fully excavated reservoir to be 701,777 cubic yards. Please revise the amount <br />of material needed to backfill the site in Exhibit L or provide justification for using a <br />different figure. <br />5. The Applicant has stated material will not be imported for backfilling. In the event the <br />Division has to reclaim the site, where will the material for backfilling the reservoir come <br />from? This information is required to calculate the financial warranty amount. <br />6.4.19 Exhibit S - Permanent Man-made Structures <br />6. The Applicant has submitted the preliminary approval letter from the Colorado Department <br />of Transportation (CDOT) for the utility crossing permit which is required to bore under U.S. <br />Highway 50. In addition, the Applicant submitted a letter from the project engineer stating <br />that all construction activities within the reclamation and mining permit will comply with the <br />issued engineering plans and specifications. Rule 6.4.19 requires the Applicant to attempt to <br />obtain a notarized agreement between the applicant and the structure owner, that the <br />applicant is to provide compensation for any damage to the structure. The Applicant must <br />first demonstrate that an agreement cannot be reached, and then the Division will accept an <br />engineering evaluation. Furthermore, the engineering evaluation must demonstrate through <br />modeling and test results, that such structure will not be damaged by activities occurring at <br />the mining operation. Please provide the Division with a notarized agreement with CDOT for <br />U.S. Highway 50. <br />7. In accordance with Rule 6.4.19, please submit structure agreements for the following <br />structures: <br />a) Overhead phone cable <br />b) Irrigation ditches <br />c) County Road LL <br />d) Underground natural gas <br />e) Amity Canal <br />f) Electrical <br />g) U.S. Highway 287 <br />h) U. S. Highway 287 frontage road <br />i) Riverview drainage ditch