REP05601

• Permit No: M1994114
• IBM Index Class Name: Report
• Doc Date: 11/18/1997
• Doc Name: ADMINISTRATIVE RECORD
• Media Type: D
• Archive: No

10) The failure of the applicant to include a statement in the
application that the operations will be conducted in accordance
with the terms and conditions listed in the application, as well as
with the provisions of the Act and the Rules, as required by Rule
1.4.1 (5} (e) of the Construction Materials Rules and Regulations.
li) The failure of the applicant to comply with the provisions of
Section 34-32.5-115 (4) (c) of the Colorado Land Reclamation Act
for the Extraction of Construction Materials by not removing from
the application language which may be contrary to the provisions of
the Act and the Construction Materials Rules and Regulations. For
example, the applicant has included in the application a statement
under item no. 1 of Exhibit E - Reclamation Plan that "ORION PIT
Operator shall not be liable for or required to pay for more
Reclamation costs than are in the Trust Fund/Sinking Fund for
exclusive use in this purpose". This language is contrary to
Section 34-32.5-118 (6) of the Colorado Land Reclamation Act for
the Extraction of Construction Materials, and Rule 4.19 (10) of the
Construction Materials Rules and Regulations. Section 34-32.5 118
(6) of the Act states in part that "an operator in default shall
remain liable for the actual cost of reclaiming affected lands".
12) The failure of the applicant to indicate on the maps contained
in the application and entitled "EXHIBITS B, C, & F MINING &
RECLAMATION PLAN ORION PIT M-94-115" and "EXHIBIT F ORION PIT
M-94-115 RECLAMATION PLAN MAP" the expected physical appearance of
the area of the affected land, correlated to the proposed mining
and reclamation timetables, and showing the proposed topography of
the area with contour lines of sufficient detail to portray the
direction and rate of slope of all reclaimed lands, as required by
Section 34-32.5-112 (2) (d) (I) and Section 34-32.5-112 (3) (g) of
the Colorado Land Reclamation Act for the Extraction of
Construction Materials, and Rule 6.4.6 (a) of the Construction
Materials Rules and Regulations.
13) The failure of the applicant to provide necessary water
information as required by Rule 6.4.7 of the Construction Materials
Rules and Regulations. Specifically, the applicant: 1) Failed to
identify in the application all known aquifers as required by Rule
6.4.7 (2) (b); 2) Failed to provide in the application an adequate
statement or plan showing how water from dewatering operations or
from runoff from disturbed areas, piled material and operating
surfaces will be managed to protect against pollution of either
surface or groundwater, both during and after the operation as
required by Rule 6.4.7 (2) (c); 3) Failed to provide in the
application an estimate of the project water requirements including
flow rates and annual volumes for the development, mining and
reclamation phases of the project as required by Rule 6.4.7 (3);
4
00338