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i • <br />PV-1 Pertaining to the size of the active pit, I explained in our <br />recent telephone conversation that the Division can only <br />determine the status of permit compliance based on our current <br />observations and what is written in the permit document. It <br />is unfortunate if past errors were made in measuring the size <br />of the pit or if inaccurate survey information was provided <br />during past inspections. However, the conditions to this <br />permit are quite clear in stating that the maximum area of <br />major disturbance in each six acre pit will be 2.1 acres. <br />The original mining plan was for a phased operation with each <br />phase consisting of a six acre pit. On November 15, 1990, the <br />Board approved Amendment 02 in which the operator revised the <br />mining plan and committed to maintaining no more than 2.1 <br />acres of major disturbance in each six acre "pit" area. On <br />March 27, 1991 the Board approved a change to the reclamation <br />plan to reduce the bond amount. This was accomplished in <br />part, by the operator's commitment to complete concurrent <br />reclamation by backfilling, re-topsoiling and reseeding each <br />2.1 acre area of active mining, before moving to the next 2.1 <br />acre tract. <br />PB-1 Pertaining to the Division's requirement for design criteria <br />for the sediment pond dam: We received a letter from the <br />Office of the State Engineer on November 13, 1995 in which <br />they stated that this dam is considered exempt from the State <br />Engineer's rules concerning dam construction and dam safety <br />because it is a tailings impoundment which is permitted under <br />the Colorado Mined Land Reclamation Act. A copy of their <br />letter was sent to you by this Division on November 28, 1995. <br />Unless you have been notified by MSHA that this is an MSHA <br />dam, you will need to submit the required design parameters <br />outlined in Mr. Curtiss's report and submit the reclamation <br />plan for the structure in a revision. I understand that you <br />have retained a consultant to complete this. <br />PB-2 The Division acknowledges that you are in the process of <br />working on a plan to enlarge the settling ponds. Since there <br />are restrictions on the maximum amount of disturbance for this <br />permit, the Division still needs to receive a map showing <br />such. This is also required in your annual reports (Rule <br />1.15). <br />PB-3 Refuse issue: In lieu of the adverse weather during this time <br />of the year, the remaining refuse and tank removal can be done <br />in the Spring. The cost to do so must be included in an <br />interim bond until the material is removed. <br />PB-4 Diesel generator: The Division inspected the site on 12-26-95 <br />and verified that the fuel tank has been removed. <br />Verification that the stained soil has been properly disposed <br />must still be received. If you construct a soil berm, it must <br />