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13.On May 25, 2021, the Division conducted an inspection of the Mine and <br /> specifically noted in the Inspection Report: <br /> The Phase 2 area is the creosote evaluation area. Activity in this <br /> area is limited to surface disturbance. No excavation is allowed <br /> here. Several materials stockpiles were stored in the area. <br /> 14.On March 15, 2011, the Division conducted an inspection of the Mine and <br /> specifically noted in the Inspection Report: <br /> Phase 2 is the creosote area. Butala is allowed to use the area for <br /> surface work but is not allowed to excavate. The plans call for its use <br /> as a stockpile and processing area only and is being used <br /> accordingly. <br /> 15.On September 28, 2004, the Division conducted an inspection of the Mine and <br /> specifically noted in the Inspection Report: <br /> The center of the mine contains creosol area. No mining is to take <br /> place in this area, only stockpiling of material. The area is 6.6 acres <br /> in size. The EPA removed the upper 3-4'of material from this area <br /> and stockpiled and capped the material on site. Markers delineate <br /> this area. <br /> 16. On July 13, 1998, the Division stated in a letter to Mr. Frank J Butala: <br /> You state that "No mining operations-excavations will occur within <br /> the "Creosote Evaluation Area"and that "surface operations relative <br /> to stockpiling will occur upon this area."... First, there will be no <br /> mining/excavation activities in the 6.2 acre creosote evaluation <br /> area. <br /> 17. On July 29, 1998, in response to the Division, Frank Butala of Butala <br /> Construction stated: <br /> "Creosote Evaluation Area"There will be no mining/excavating <br /> activities in the 6.2 acre creosote evaluation area. <br /> 18. The Division's September 14, 1998, Rationale for Recommendation for Approval <br /> Over Objections, stated: <br /> Will excavating activities on or near a creosote contaminated site <br /> adversely affect the health of the adjoining landowner? <br /> 3 <br />