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Rationale-Recommendation forApproual <br />July 26, 2000 Page 4 <br />6. Inadequate fugitive dust and air monitoring for the site. (R. Fay, M. Fay, J. Minkler) <br />DMG Response: The operator has air quality permits from the Colorado Department of Health and <br />Environment, and that Department should be contacted regarding air quality matters. <br />CC&V was required to notify residents within the city limits of Victor that they were within 200 feet <br />of the mining boundary. (M. Winblood) <br />DMG Response: According to CC&V, all landowners and owners of structures within 200 feet of the <br />permit boundary have been notified in accordance with Rule 6.4. l9. The applicant is also in compliance <br />with C.R.S. 34-32-115(4)(d). <br />8. The applicant for Amendment No. 8 fails to meet C.R.S. 34-32-1 IS(4). (R. M. Raub, D. Johnson, S. <br />Crowner, R. Batiste, and A. Zepeda) <br />DMG Response: Based on the Division's review of the submittals made by CC&V, the Division <br />believes the applicant is in compliance with the Colorado Mined Land Reclamation Act C.R.S. <br />34-32-115(4). The board or office can not deny an operator or an applicant a permit if the application <br />complies with the requirements of C.R.S 34-32-1 l5(4). The Amendment No. 8 application meets all the <br />requirements of the Act. <br />9. The external pond does not meet Mined Land Reclamation Board Rule 6.4.20(18). (S. & K. <br />Morrison, J. Berman, R. Flynn (CFV),1. T. Cobb, E. C. Mangold, K. Hughes) <br />DMG Response: The external pond will be fenced and the WAD CN concentration will not exceed 40 <br />mg/I. The Division of Wildlife (DOW) was consulted and agreed that such measures are adequate to protect <br />wildlife. In addition to the fencing and low WAD CN concentrations in the pond, [he operator has agreed to <br />use hazing devices or other protective measures around the pond to discourage wildlife. Therefore, the <br />operator is in compliance with Rule 6.4.20(18) (a) and (b). <br />ti.-1.5 Exhibit E - Reclatation Plan <br />10. Is there any accountability required for the continued growth of revegetation material. What is the <br />general oversight in this Amendment? (M. Fay and R. Fay) Inadequate Reclamation plan. (J. <br />Minkler) Additional Financial Warranty for interim operations and maintenance should be posted to <br />cover catastrophic events or bankruptcy. The Financial Warranty does not include standard <br />engineering procurement, and construction management costs. Bond make-up and mechanisms must <br />assure bonds are in the form of liquid such as cash (J. Kuipers) <br />DMG Response: The above concerns are covered by the requirements of C.R.S. 34-32-I 16 and <br />34-32-117 and Rules 3 and 4. The applicant is in compliance of C.R.S. 34-32-116, and 34-32-117 of the <br />Colorado Mined Land Reclamation Act and Rules 3 and 4 of the Hard Rock/Metal Mining Rules and <br />Regulations of the Colorado Mined Land Reclamation Board. The above Rules and Acts refer to reclamation <br />plans, environmental protection plans and warranties of performance. The reclamation plan and post mining <br />land uses are the same as were approved under Amendment No. 7. In addition, the applicant has included in <br />