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occurs outside the boundary (which in this case could include sloughing, but other cases ofren involve uncontrolled <br />surface stormwater drainage, contaminated groundwater plumes, or other mining activities, for example) then the <br />condition is elevated to a possible violation (PV) which is more serious. Given the near-vertical gradient of the <br />cutslope in this case, and its proximity to the boundary and access road, stabilizing it and/or reclaiming it could be <br />difficult endeavors. , <br />Por now, and until 6/30/06 when earthwork is to be completed, or until a later date if an expansion to the permit has <br />been filed prior to 6J30/06, this office considers this problem addressed. However, at this time and for the long <br />term, it is not clear which of the two opposing letters should be considered by DMG as adequately addressing the <br />problem. If no stabilizing activity is to occur, please provide an explanation supporting this decision. If earthwork <br />or other retention structure is to be implemented, please desoribe it. <br />If an expansion to the permitted area is desired, to accommodate the earthwork or other foreseen activity, please do <br />not hesitate to contact this office if there are questions. This expansion would require a permit amendment, the fee <br />for which is $1500 if the permit remains as a 110d. <br />Thank you both for the responses, and I hope this letter explains the Division's position on these matters. I look <br />forward to receiving your clarifications to the questions above. I may be reached at the Division's Durango field <br />office: 701 Camino del Rio, Room 125, Durango, CO 81301; telephone 970-247-5193. Please do not emai] future <br />responses, as we have no means to verify electronic signatures. <br />Sincerely, <br />. ~/ `IIS ~Y'~f ~~ <br />Bob Oswald <br />Environmental Protection Specialist <br />Ec: Harry Posey, DMG <br />C:A0601docs\golden 3pb resplrco <br />