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<br />Page J <br /> <br />disrurbed area. Therefore, the change will not increase affected acreage. The Division <br />represents that there is no significant effect on the reclamation plan, and the weight of the <br />evidence supports that assertion. The significant effect, if any, is on the mine plan. <br />Robinson Brick is authorized to mine in the areas designated stages 1 and 2. It proposes <br />nothing new that is a significant change from its original plan. <br />17. Mr. Stockwell seems to argue that Robinson Brick should not be able to change the timing <br />or sequence of mining, except by amendment. The Construction Materials statutes and <br />rules do not support such a contention. <br />18. Construction Materials Rule 6.4.4 requires that Robinson Brick prepare a mine plan <br />including an approximate timetable to describe the mining operation. The rule further <br />provides that "An Operator/Applicant shall not be required to meet specific dates for <br />initiation, or completion of mining in a phase as may be identified in the timetable." <br />Without qualification, the rule requires that Robinson Brick comply with performance <br />standards. However, it clearly recognizes that timing and sequence are estimates, subject to <br />change. <br />19. Construction Materials Rule 6.4.5(2)(e) requires that the operator identify reclamation <br />sequence and timing, but again does not require that reclamation be tied to a particular <br />schedule. Instead, Robinson Brick must estimate the schedule for completing mining and <br />reclamation stages. <br />20. These rules are flexible because mining must respond to influences outside the control of <br />the operator. Robinson Brick faces that sort of influence with the State Land Board. <br />Accordingly, its initial plan was an estimate, subject to change. <br />2l. The law further provides for a simplified process for relatively simple changes. Whether a <br />change is simple must be evaluated on a case-by-case basis. This change does not fit the <br />definition of an amendment because the change will not increase the amount of affected <br />