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Page 145 <br />Hard Rock/Metal Mining Rule 7 <br />rt7(s.s)(~)(~ (5) If the Operator is not entitled to release, or a portion thereof, of the <br />Financial Warranty, the Board or Office may specify a reclamation schedule and adjust <br />the amount of the bond and Financial Warranty, accordingly. <br />u7(ss)(a> (6) ff the Office fails to conduct an inspection, pursuant to Paragraph <br />7.2.11(2), or fails to notify the Operator of any deficiencies within sixty (60) days of <br />the inspection conducted pursuant to Pazagraph 7.2.11(4), then that portion of the <br />Financial Warranty applicable to the reclamation described in the Notice of <br />Completion or Request for Release shaIl be deemed released as a matter of law. <br />117(5.5)(e) ~ (7) Within five (5) years after the release of a portion of the Financial <br />Warranty, pursuant to Pazagraph 7.2.11(3) the Operator may file, in writing, a <br />Request for Financial Warranty Release fot release of the balance of the Financial <br />Warranty according to the provisions of Subsection 7.2.10. The Office shall inspect <br />the affected land within sixty (60) days of such request, or as soon thereafter as <br />weather permits, to determine if the affected land has been reclaimed for a beneficial <br />use and is incompliance with all applicable Performance Standards. <br />7.3 ENVIItONMENTAL PROTECTION FACILITIES - DESIGN AND <br />CONSTRUCTION REQUIREMENTS <br />7.3.1 Construction <br />(1) Unless otherwise specified by the Office or Boazd, construction work <br />shall be done in phases. No construction work shall begin on any subsequent phase <br />of the facility without first obtaining Office acceptance. <br />(2) No liner of any kind shaIl be insta-ed where climatic conditions aze not <br />within design or manufacture recommendations, and accepted by the Office. <br />(3) Such fact7ities shall be appropriately designed for their intended <br />purpose and shaIl consider site specific conditions and on or off-site impacts to human <br />health, property and the environment. Design capacities shall be sufficient to handle <br />the design storm event for the azea. The design storm event maybe the two (2) yeaz, <br />24hour storm event up to the Probable Maximum Precipitation (PMP) event plus the <br />ten (10) yeaz, 24-hour storm event. <br />(4) It will be the responsibility of the Operator or Applicant to provide <br />adequate Quality Assurance/Quality Control (QA/QC) or certification for any <br />