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shown that the terms of local approvals that pertain to reclamation adequacy have <br />not been met. <br />10. Minerals: Excavation in a responsible fashion - Except for some difficulties early <br />in the life of this operation, the operation has a good compliance record with the <br />Reclamation Permit and recent inspections have not indicated any notable non- <br />compliance issues. The plans are implemented in a sensible fashion that controls adverse <br />environmental impacts quite well. Because the amended plan is basically an extension of <br />the existing plan and proposes using the same approaches that have worked well in the <br />past, there is little reason to think that the responsible mining and reclamation approaches <br />used in the past would change. If, in fact, the operation were to diverge significantly from <br />the approved plan then the Mined Land Reclamation Board and the Division of <br />Reclamation, Mining and Safety could cite the permit holder with a violation, impose <br />substantial financial penalties, and force a return to the approved plan or require a new <br />plan that addresses any problems that occur as a result of the plan divergence. <br />11. Water quality: Erosion control plans required - As stated in the Mining Plan <br />(Appendix B), erosion during mining needs to be controlled such that the probability of <br />large amounts of sediment leaving the site do not occur. In fact, allowing sediment to <br />discharge outside the affected land area designated in the permit is a serious violation of <br />the law. Because of the way the definition of affected land is structured, sedimentation <br />beyond the affected land boundary can be interpreted as mining without a permit at the <br />worst or affecting land outside the affected land boundary at the least. Furthermore, the <br />reclamation plan is directed toward erosion control, especially on the slopes. The large, <br />nearly flat area at the base of the final slopes will be suitable for growing very dense <br />vegetation and may even encourage the invasion of woody species. Any erosion that does <br />occur on the backslopes will be well contained in this flat area. It has to be recognized <br />that erosion is a natural result of having a slope. Erosion can't be stopped. But it can be <br />controlled as well as provisions made for controlling the sedimentation that results from <br />erosion. Both of these are addressed in the Reclamation Plan. <br />12. Noise: Mitigation of noise through the use of topography and vegetation - Mining <br />operations can be noisy and there is often not a great deal that can be done to reduce the <br />noise. Running machinery and back-up warning beepers are the primary noises produced <br />by this operation. To a large extent this noise is mitigated by a combination of distance <br />from locations where noise would be a nuisance and the fact the operation is being <br />Miller Gravel Pit -Special Use Permit Page 12 of 26 <br />