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required by C.R.S. Section 34-32.5-116(4)(q)(1). The commitment to <br />mine at a 3:1 slope means that no backfilling of highwalls will be <br />necessary. <br />4. The weight of the evidence demonstrates that the Applicant has met the <br />minimum requirements of Construction Materials Rule 3.1.5(4). <br />J. Disposal of Refuse in a Manner that Controls Unsightliness <br />1. Construction Materials Rule 3.1.5(5) requires an applicant to handle and <br />dispose of refuse and acid-forming or toxic materials in a way that controls <br />unsightliness and protects the drainage system From pollution. <br />2. The Objectors assert that the Applicant has failed to comply with <br />Construction Materials Rule 3.1.5(5). <br />3. The Applicant is not expected to encounter acid forming or toxic materials <br />in the excavation process. Other aesthetic issues have been addressed <br />through the Montrose County Conditional Use process and are not within <br />[hejurisdiction of the Board. <br />4. The weight of the evidence demonstrates that the Applicant has complied <br />with the minimum requirements of Construction Materials Rule 3.].5(5). <br />K. Adequacy ofthe Proposed Financial Warranty <br />1. Construction Materials Rules 4.2.1 and 6.4.12 set forth financial warranty <br />requirements, including that they be set at levels reflecting the current cost <br />of fulfilling the requirements of a given reclamation plan and that they <br />provide a breakdown of estimated reclamation costs. <br />14 <br />