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X. Slides and Damage - Rule 4.12 <br />The Permit is found to be in compliance with Rule 4.12. Because of the mining technique used, <br />natural barriers are not necessary. Slides have occurred within the Permit boundary; however, <br />none have had an adverse effect on public property, health, safety, or the environment. Slides <br />have been reclaimed as appropriate. A breech of a diversion ditch resulted in a mud and debris <br />flow on Highway 13 and private property. See Notice of Violation (NOV) C-96-005, page 4, <br />Exhibit 2 or the Permit. <br />XI. Contemporaneous Reclamation - Rule 4.13 <br />Th Pelii?iit is fvand t__ bee iii cvmpiianv°v with Rui°v 4. i 3. Rv°cic''iativiv'as iv and to viiur as <br />contemporaneously as practicable with mining operations, as further discussed in Section XII <br />below. <br />XII. Backfilling and Grading - Rule 4.14 <br />The Permit was found to be in compliance with Rule 4.14. <br />A. Operations and Reclamation Plans <br />Colowyo's mining operations plan is found in Section 2.05.3 of the Permit (Volume 1 for the <br />East Pit, West Pit, Section 16 Pit, Facilities Area and Gossard Loadout and Volume 12 for the <br />South Taylor Pit). Maps 23 and 23A contain the mine plan for the east Pit, West Pit and Section <br />16 Pit and the South Taylor Pit, respectively. Section 2.05.4 of the Permit contains the <br />reclamation plan, and Section 4.14 contains the performance standards for backfilling and <br />grading (Volume 1 for the East Pit, West Pit, Section 16 Pit, Facilities Area and Gossard <br />Loadout and Volume 12 for the South Taylor Pit). <br />Plans for dealing with and monitoring acid- and toxic-forming overburden are described in Rules <br />2.04.6 and 2.05 of the Permit (Volume 1 for the East Pit, West Pit, Section 16 Pit, Facilities Area <br />and Gossard Loadout and Volume 12 for the South Taylor Pit) and in Section B, Item III of this <br />document. Acid-forming overburden has not been encountered at Colowyo; however, monitoring <br />continues for materials with high sodium adsorption ratios. <br />During the approval process of Permit Revision 02, the Division added the following stipulation <br />regarding the Lower Wilson mining area to the operations and reclamation plan at the Colowyo <br />Mine: <br />STIPULATION 2 <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 53