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(c) Compliance with applicable federal and Colorado dredge and fill requirements: <br />The Operator will comply with all applicable federal and Colorado dredge and fill <br />regulatory requirements. Where necessary, a Corp of Engineers 404 permit will be obtained <br />prior to any dredging or filling of wetlands. At this time the Operator /Applicant is not aware of <br />any wetlands that could be affected by the proposed operation. <br />(d) Remove temporary or large siltation structures from drainage ways after disturbed <br />areas are revegetated and stabilized, if required by the Reclamation Plan: <br />Some earthen structures may remain as part of the post mining land use, (low earthen dams <br />surrounding the excavated cells and a zoned perimeter dam are examples.). In addition, other <br />structures may be retained to control erosion during site reclamation and into post bond release <br />in order to comply with storm water control requirements. <br />(2) Earthen dams, if necessary to impound water, may be constructed if the formation of such <br />impoundments will not damage adjoining property or conflict with water pollution laws, <br />rules or regulations of the federal government, the State of Colorado or with any local <br />government pollution ordinances: Earthen dams will be constructed as part of the post mining <br />land use in order to provide for maximum capacity for the developed water resource. Following <br />is a conceptual discussion of the designs for each of the earthen dam structures, one of which <br />will be a zoned perimeter dam. It is anticipated that all structures will not encroach upon the <br />FEMA 100 year flood limit. (Appendix IV is a copy of the Design Report prepared for the SEO <br />for the Phase One Reservoir.) <br />It is anticipated that the cells will be constructed similarly. The structures will have an <br />embankment structural crest at their highest point of approximately 19 feet with a crest width of <br />about 20 feet. The structures will employ slurry walls that will extend from into the Pierre <br />Shale bedrock, to several feet above the original ground surface, into the constructed earthen <br />embankment. There will be a layer of clayey soils between the constructed earthen <br />embankment and a slightly excavated original overburden surface. This layer will tie into and <br />surround the slurry wall to effectively seal off the structure. The slope of the embankment <br />exterior to the cell will be no steeper than 3h: lv. On the in -slope of these two cells, the area <br />subject to wave erosion will have a slope of 3h: lv and suitable riprap. The remainder of the <br />slope to the original ground surface will be no steeper than 5h: lv. There will then be an <br />overburden bench approximately 50 feet in width. From there, the in -slope of the cell will <br />extend to the floor of the excavated cell at 3h: 1 v. It is anticipated that these structures will <br />have a full structure freeboard of approximately five (5) feet. <br />In order to construct the zoned perimeter dam, overburden will be removed down to the Pierre <br />Shale. Following overburden removal, the Pierre Shale will be slightly excavated to achieve a <br />clean, non - weathered surface. <br />The zoned perimeter dam will have a maximum structure crest of approximately 33 feet from <br />the original ground surface and a crest width of approximately 30 feet. It will probably consist <br />of three zones, Zones I Core, Zone II Shell and Zone III Filter Drain. Zone I Core is intended to <br />be constructed of clayey soils with "interior slopes no steeper than lh: lv. This component of <br />the zoned perimeter dam will be appropriately keyed into the Pierre Shale. Zone II Shell will be <br />in -slope (upstream) and out -slope (downstream) to Zone I Core. <br />In -slope Zone II Shell will likely be constructed of sands, gravels, and clays. It will slope <br />inward toward the cell at a slope of 3h: lv in the region where the structure is subject to wave <br />erosion. It will then slope down to the Pierre Shale at 5:1v. The 3h: lv areas subject to wave <br />erosion will have suitable riprap. <br />Out -slope Zone II Shell will be constructed similar to in -slope Zone II Shell. Its final slope <br />from the crest of the structure to the original overburden surface will be 3h: lv. <br />