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Colorado Mined Land Reclamation Board <br /> Page 14 <br /> March 2, 2018 <br /> The Act and Rules do not specifically address air quality issues. Such issues are under the jurisdiction of <br /> Larimer County and the Air Pollution Control Division(APCD) of the Colorado Department of Public <br /> Health and Environment(CDPHE). The Applicant has affirmatively stated that an APEN permit from the <br /> APCD addressing air pollution issues is being pursued. <br /> The Act and Rules do not authorize the Division to regulate dust or air pollution issues. However,the <br /> protection and preservation of stockpiled topsoil is addressed under the performance standards of Rule <br /> 3.1.9. Pursuant to Rule 3.1.9(l),where it is necessary to remove overburden in order to expose the <br /> mineable materials,topsoil shall be removed and segregated from other spoil. If such topsoil is not <br /> replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative <br /> cover or other means shall be employed so that the topsoil is protected from erosion,remains free of any <br /> contamination by toxic or acid-forming material, and is in a usable condition for reclamation. The <br /> Division has determined one year to be an appropriate time frame for the establishment of a protective <br /> vegetative cover for stockpiled topsoil, and requires the same for all mining operations throughout <br /> Colorado. The Applicant has committed to establish vegetation on the topsoil stockpiles and committed <br /> to taking appropriate erosion control measures to stabilize topsoil stockpiles and berms. <br /> g. Concerns regarding the creation of habitat for mosquitos. (4) <br /> The Act and Rules do not specifically address this issue. <br /> References: <br /> McDowell, L.R. P.A. Davis, L.A. Cristaldi,N.S. Wilkinson, C.D. Buergelt and R. Van Alstyne,2005. <br /> Selenium Toxicity for Ruminants-Paranoia or Precaution? Department of Animal Sciences University of <br /> Florida, Gainesville, 2005 Florida Ruminant Nutrition Symposium, Gainesville,Florida <br />