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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 warranty to 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 oran amendment to.the,exlsting <br />permit depending on the,nature;of the current mining and reclamation plan an d, the;proposed changes -- , <br />increased, financial as aresult of these modifications, may posted In a phased manner not to <br />exceed three,years. Amendments or evi <br />rsion currently under.revlew wHl be,requ 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 Divlsionwill be required topeet the requirernents ofathe . . <br />options 14 at t he time of applicat approval _ Failure of affected ope t o initiate contact with the <br />Division and gain compliance as described above could result in an enforcement action being issued b y the <br />Division. <br />If you have any questions, please contact Tony,Weldron at 303 -860567, extension 8150, <br />