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• restoration of the land in a timely manner in accordance <br />with Rule 4.16.1, the following stipulation is being <br />required: <br />Relief Requested - Stipulation 16: <br />Delete stipulation 16. <br />Grounds for Relief - Stipulation 16: <br />1. The declared invalidation by Garfield County of <br />NCEC's special use permits because of NCEC's cessation of mining <br />activity for a period of more than one year only invalidates the <br />currently applicable special use permit and requires NCEC to file <br />a new special use permit application for a proposed resumption of <br />mining activity. The application of Garfield County's Condition <br />2. B. does not necessarily end forever NCEC's ability to resume <br />mining activity. <br />2. The Division has very limited authority to deny or <br />terminate an operator's notice of temporary cessation under Rule <br />4.30.1 and this limited authority cannot be delegated to another <br />governmental authority to trigger reclamation. <br />Stipulation 21 (pages 3, 25 and 26) provides that <br />• If no alternative waste disposal plan is approved, <br />mining operations will cease when the approved disposal <br />pile volume reaches 15,000 cubic yards, and the <br />permittee will initiate and complete reclamation of the <br />entire mine site within six months of the cessation of <br />mining. <br />NCEC did acknowledge the need to cease mining if the <br />disposal pile volume met its 15,000 cubic yard approved design <br />capacity, but did not commit to initiate and complete reclamation <br />of the entire mine site within six months of this cessation of <br />mining. <br />Relief Requested - Stipulation 21: <br />Delete the wording requiring complete reclamation of the <br />entire site within six months of the cessation of mining. <br />Grounds for Relief - Stipulation 21: <br />1. No justification for requiring reclamation in this <br />situation is presented. <br />2. The consideration of a temporary cessation of <br />operations notice should not be precluded to allow NCEC to seek <br />some further alternative waste disposal plan approval. <br />• 4 <br />