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<br />(Page 3) <br /> <br />MINE ID # OR PROSPECTING ID # M-79-010 <br />~ INSPECTION DATE 1/7/99 INSPECTOR'S INITIALS AJW <br />Office does not respond to the Operator's notice within thirty (30) days after receipt of <br />such Notice by the Office, the Operator may proceed in accordance the th provisions of this <br />Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the <br />cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall <br />include but is not limited to: <br />a) a narrative that describes the approximate location <br />of the proposed activity; <br />b) the approximate volume of inert material to be <br />backfilled; <br />c) a signed affidavit certifying that the material is <br />clean and inert, as defined in Rule 1.1(20); <br />d) the approximate dates the proposed activity will <br />commence and end, however, such dates shall not be an <br />enforceable condition; <br />e) an explanation of how the backfilled site will result <br />in a post-mining configuration that is compatible with <br />the approved post-mining land use; <br />f) a general engineering plan stating how the material <br />will be placed and stabilized in a manner to avoid <br />unacceptable settling and voids." <br />Additionally, Rule 3.1.5(10) states, "All mined material to be disposed of within the <br />affected area must be handled in such a manner so as to prevent any unauthorized release of <br />pollutants to the surface drainage system." And Rule 3.1.5(11) states "No unauthorized <br />release of pollutants to groundwater shall occur from any materials mined, handled, or <br />disposed of within the permit area." <br />Review of the approved mining and reclamation plan did not indicate that the operator had <br />planned to dispose of inert structural fill generated outside of the approved permit area <br />therefore, DMG is requiring ACA Products, Inc. to submit a Technical Revision to their permit <br />application which addresses the requirements of Rule 3.1.5(9), (10), and (11) of the <br />Construction Materials Rules and Regulations of the Colorado Mined Land Reclamation Board as <br />promulgated under C.R.S 34-32.5 also known as the "Colorado Land Reclamation Act for the <br />Extraction of Construction Materials". Details of when this submittal will be due are <br />outlined on page four of this report. <br />Until this revision is submitted and approved, the operator should cease from disposing of <br />inert structural fill in their pit area. Once the revision is approved and incorporated into <br />their permit application, disposal of this inert fill can proceed in accordance with that <br />approved plan. <br />I & E Contact Address cc: Jim Stevens <br />James T. Rose <br /> ^ CE <br />NAME Chuck Murphy ^ BL <br />OPERATOR ACA Products, Inc. ^ FS <br />STREET 702 Gregq Drive, P.O. Box 1807 ^ F3W <br />CITY/STATE/ZIP Buena Vista, CO 61211 X HMWMD (CH) <br /> ^ SE <br />