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Erosion and Siltation Control 20. The Objector questions whether the proposed operation could cause sediment flows onto an adjacent state highway right-of--way. 21. Construction Materials Rules 3.1.5(3) states that all grading shall be done in a manner to control erosion and siltation of the affected lands and to protect azeas outside the affected land from slides and other damage. 22. The permit boundary is at least two hundred feet from the right-of--way in question and the pit slopes are designed so that drainage flows into the pit, not towazds the right-of--way. The Applicant plans to construct a berm to protect the two-hundred foot buffer between the pit and the right-of--way. 23. The Applicant is obligated to maintain a slope of no steeper than 3:1. This is astable grade that protects against excessive erosion: 24. This mine plan complies with the grading requirements in Rule 3.1.5(3). ORDER Based on the foregoing findings of fact and conclusions of law, the Board orders that the application of Seifert Construction for the Boyer Pit, File No. M-2002-122, is hereby approved, with the following condition: A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Panning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit area using the same time frame required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be faxed to Minerals Program Supervisor, Division of Minerals and Geology, Fax Number (303) 832-8106. The fax