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96. In Exhibits C-2 and D-2 of the application, the Applicant identifies the anticipated sequence and <br />timetable of mining and reclamation. <br />97. The Applicant has submitted sufficient information regarding the timing and schedule of reclamation <br />and mining, in compliance with Construction Materials Rules 6.4.4(e) and 6.4.5(2)(e). <br />BACKFILLING <br />98. Construction Materials Rule 3.1.5 requires the Applicant [o identify measures to ensure that all backfill <br />is adequately compacted for stability and to prevent leaching of toxic or acid-forming materials. <br />99. Construction Materials Rule 3.1.5(9)(f) requires [he Applicant to provide a general engineering plan that <br />will ensure that backfill is place and stabilized to avoid unacceptable settling and voids. <br />100. The Application includes a general engineering plan to place backfill in the completed pit utilizing <br />rubber tired and tracked equipment such as scrapers, loaders and dozers. The fill is to be placed with <br />slopes not exceeding 4:1 (horizontal :vertical). <br />101. The Applicant's backfill compaction plan is adequately designed to stabilize backfill and prevent <br />leaching of acid or toxic materials, and thereby satisfies the requirements of Construction Materials <br />Rule 3.1.5, <br />LAND USE <br />102. An objector argued that the Applicant must obtain approval from the Governor for this permit under <br />C.R.S. § 34-32.5-115(4)(f)(III). He argued that this mine would be located on State lands leased for <br />recreational activity and therefore this provision applies. <br />103. C.R.S. § 34-32.5-115(4)(f)(II)) provides that the Boazd may deny a permit if <br />[T]he mining operation is located upon lands which are within [he boundazies <br />of, and are owned, leased or have been developed by, any park and recreation <br />district established pursuant to Article 1 of Title 32, C.R.S., unless otherwise <br />authorized by the Board of Directors of the district or unless the operation will <br />not create any surface disturbance therein. <br />l4 <br />