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Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1 of the Construction Materials <br />Rules and Regulations, regarding the performance standards for site reclamation. The applicant has <br />adequately addressed all of the issues related to reclamation of the site in the application materials. <br />As a part of the application, these reclamation standards become a part of the permit and the <br />operator is obligated to fulfill the reclamation standards outlined in the permit. The state will hold <br />a bond adequate to complete the work required at the site for reclamation. If the operator fails to <br />fulfill the reclamation requirements, the bond held by the state will insure that the work is <br />completed. Additionally, if the operator fails to fulfill the reclamation requirements within the <br />permit, the operator may be subjected to civil penalties to be determined by the Mined Land <br />Reclamation Board. <br />Division Comment <br />The Division believes that the applicant has committed the operator to reclamation standards at the <br />site that fulfill the requirements of the Rules and Regulations and the Mined Land Reclamation <br />Board. Additionally, adequate bond will be held for the site to assure reclamation if the operator <br />fails to fulfill the requirements of the permit. <br />B. ISSUES RAISED THAT THE DIVISION BELIEVES ARE <br />NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />1. Air Ouality- including odors, dust, particulate, volatile organic compounds <br />The letter from Catherine Neva and Debra Cross voices concerns related all of these items with <br />regard to air quality. The letter from Nancy Segel expresses concerns related to diesel <br />emissions and dust and sand. <br />Division Response <br />Air quality is regulated by the Colorado Department of Public Health and the Environment, and not the <br />Division of Reclamation, Mining, and Safety. The applicant has indicated that a permit will be obtained <br />from CDPHE related to air quality at the site. <br />2. Noise <br />• The letter from Catherine Neva and Debra Cross voices concerns related to noise resulting from <br />the operation. <br />Division Response <br />Noise issues related to the operation fall under the jurisdiction of Montezuma County and not the <br />Division of Reclamation, Mining, and Safety.