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If the application is approved, a stipulation will be added to ensure land is not affected <br />within 200 feet of these structures. If land is affected within 200 feet of these structures, <br />the Operator will be issued a possible violation. <br />6.4.12 EXHIBIT L - Reclamation Costs <br />I L)The Division has calculated the necessary financial warranty to be $668,900.00 based on <br />your response to item # 13 of the Division's second adequacy review. The estimate takes <br />into account the current disturbance at the site, and what activities would need to be done <br />to reclaim the current affected land. If the amendment application is approved, a <br />stipulation will be added that no work related to the installation of the slurry walls or the <br />preparation and construction of the embankments can commence until the Operator has <br />submitted and received approval of a technical revision to update the financial warranty <br />for the proposed slurry walls and embankment construction cost. Also, the updated <br />financial warranty for the said activities must be submitted and approved by the Division <br />after approval of the Technical Revision prior to the start of work. <br />6.4.13 EXHIBIT M - Other Permits and Licenses <br />12.)The Division received your e-mail in regards to jurisdictional wetlands at the site. It <br />appears jurisdictional wetlands have been found at the northern end of the permit area as <br />outlined on the ERO Resources Corp map included with your e-mail. Please commit to <br />obtaining any required Army Corps of Engineers permit prior to affecting areas <br />determined to be jurisdictional wetlands. <br />This concludes the Division's fourth adequacy review of this amendment application. Please <br />remember that the decision date for this application is February 28, 2011. As previously <br />mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this <br />date, it will be your responsibility to request an extension of time to allow for continued <br />review of this application. The 365 day deadline for approval of the application is March 1, <br />2011. The decision date cannot be extended beyond that date. If there are still unresolved issues <br />when the current decision date arrives and no extension has been requested, or if unresolved <br />issues remain beyond March 1; the application will be denied. If you have any questions, please <br />contact me at (303) 866-3567 ext. 8120. <br />Sincerely, <br />Jared Ebert" Environmental Protection Specialist -- DRMS <br />Enclosure: CIRCES Cost Estimate; Dated: February 9, 2011 <br />Cc: Tony Waldron, DRMS w/enclosure <br />Danna Ortiz, Civil Resources.