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area of each phase and has outlined the sequence in which each phase of mining will be <br />carried out. Likewise, the Applicant has provided adequate estimates of the time required <br />for reclamation, including descriptions of the reclamation areas and of the phasing <br />sequences, as required by Construction Materials Rule 6.4.5(2)(e). In accordance with <br />Construction Materials Rule 6.4.6, the Applicant has provided an adequate reclamation <br />plan map. <br />13. The weight of the evidence indicates that the Applicant has complied with Construction <br />Materials Rules 6.4.4(e), 6.45(2)(e) and 6.4.6. <br />Issue 3: Applicant in Violation at Time of Application? <br />14. Section 34-32-120 of the Act prohibits the Board from granting a permit for a new <br />mining operation to an operator who is in violation of the Act at the time of the <br />application. <br />I5. The Division conducted inspections in August and September 2004 at the adjacent <br />Tucson Resource mine, permit no. M-1991-140, and identified six potential problems at <br />that site. The six problems, in order, concerned fencing, completion of Phase 2 <br />reclamation work, stockpile removal and reconstruction of topsoil/overburden stockpiles, <br />the addition of visual berms to the reclamation plan, backfiiling and grading of completed <br />phases, and spill containment fora 2000-gallon diesel fuel tank. <br />16. The Division inspector has concluded that the Applicant has either completed corrective <br />actions for each of these problem areas or has made satisfactory progress toward their <br />resolution. None of the problems rose to the level of a violation and thus no enforcement <br />actions were taken. <br />