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(Page 5) <br />-) 3. Erosion has exposed buried construction materials in the gullies that have formed near the <br />southern permit boundary. Rule 3.1.5(9) states that if an Operator intends to backfill inert <br />structural fill generated outside of the approved permit area, it is the Operator's <br />responsibility to provide the Division notice of any proposed backfill activity not identified in <br />the approved Reclamation Plan. <br />Corrective actions are to: <br />The Operator shall provide the Division with notice of the backfill activity. The notice shall <br />include a narrative that describes the location of the activity, the volume of the inert <br />material, a signed affidavit certifying that the material is clean and iner t, and an explanation <br />of how the backfilled site will result in a post-mining configuration that is compatible with the <br />approved post-mining land use. The notice shall be submitted to the Division on or before <br />September 4, 2009. <br />J4. The earth dam in the main drainage channel failed and sediment was transported outside <br />of the affected area. <br />Corrective actions are to: <br />The Operator shall submit a Technical Revision describing what measures will be taken to <br />repair the dam, as well as the design plans for the dam. The Technical Revision shall be <br />submitted to the Division on or before September 4, 2009. <br />5. Stormwater is being detained within the affected area. Rule 3.1.6(1) states that <br />disturbances to the prevailing hydrologic balance of the affected land shall be minimized. <br />Corrective actions are to: <br />The Operator shall submit a Technical Revision describing how stormwater will be protected <br />against pollution. In addition, the Operator shall obtain a stormwater discharge permit from <br />the Colorado Department of Public Health and Environment-Water Quality Control Division to <br />pump the water from the areas where it is being detained. The Operator shall submit the <br />Technical Revision and a copy of the discharge permit to the Division on or before <br />9 /4 /09 <br />PB or PV: PB_ <br />TOPIC(S): RG <br />9 /4 /09 <br />PB or PV: PR <br />TOPIC(S): SP <br />SC OD <br />9 /4 /09 <br />PB or PV: P?_ <br />TOPIC(S): SP <br />September 4, 2009.