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• 3) Further deposition of marble waste including sediment on the surface. <br />The Mined Land Reclamation Board Order for a Cease and Desist of deposition of materials at <br />the surface is a temporary order to ensure continued degradation to the hydrological balance <br />does not occur while remedial actions were submitted, reviewed, and constructed. The order <br />was not intended as a permanent halt to mining activities on the surface. The purpose of the <br />amendment is to address the remedial actions necessary to control erosion and sedimentation <br />issues to reduce and eliminate impacts to the hydrological balance by mining activities which <br />include surface deposition of materials. Deposition of waste rock including fines, on the surface <br />cannot begin until the approved structures have been constructed as approved. <br />In addition, your comment letter raises various issues related to those discussed above. Please be <br />aware: <br />• An operator must take care to ensure no off.-site damage occurs. The operator has submitted <br />the subject amendment to address the challenges of the slope angles and describe measures <br />intended to mitigate down slope impacts. <br />• Hours and dates of operation are a local jurisdictional issue not within the jurisdiction of DRMS. <br />This issue is more appropriately raised with Gunnison County through their land use permitting <br />process. <br />• As part of the blasting plan CSQ and the consultant note the Mclntyres structures and the <br />McIntyre house is 930 feet from the closest possible blasting activity. Blasting planned is not <br />subsurface, only minor in scale, with very localized affect (breaking marble blocks into <br />manageable sized pieces). The proposed blasting is part of the proposed construction <br />operations, and is not part of the normal mining operations. In the blasting plan, CSQ will <br />attempt to notify the Mclntyres at least 8 hours prior to any planned blasting along with the <br />posting of guards per MSHA safety requirements. <br />• The approved stormwater control plans call for permanent ditches on the west side of the roads <br />that direct water to the noted sedimentation ponds. In addition, grading of the roads will be <br />reworked to ensure the grade is back towards these ditches to further control directional flow. <br />• Maintenance and monitoring are required to ensure the plan works as proposed. <br />The Division has determined that the amendment provides appropriate resolution of all of these issues. <br />Therefore, DRMS is approving the amendment as of June 1, 2010. If you do not agree with this decision <br />you have the right to appeal pursuant to Rule 1.4.11. Please submit any questions or correspondence in <br />regard to an appeal submission to the MLRB to Jillian Allison, MLRB Assistant Attorney General.