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Rationale for Approval <br />17 May 2011 <br />Page 2 <br />Division Response <br />The operator has committed in the Reclamation Plan to stabilize any residual stockpile material by <br />revegetating in accordance with the Construction Materials Act and Rules. <br />B. ISSUES RAISED THAT THE DIVISION BELIEVES ARE NOT WITHIN THE <br />JURISDICTION OF THE DIVISION OR BOARD <br />1. Air Ouality- dust and particulates <br />• The letter from the Hansons voices concerns related to dust. <br />Division Response <br />Air quality is regulated by the Colorado Department of Public Health and the Environment and therefore <br />is not within the jurisdiction of the Division. The CDPHE Air Pollution Control Division was among <br />the agencies notified on 22 March 2011 as part of the notice of consideration of application. <br />III. DIVISION RECOMMENDATION <br />The Division has determined that the Applicant has fulfilled all of the minimum requirements for <br />approval of the proposed amendment AM-5 application for the 12e Estates Mine permit M-2001-085. <br />Therefore the Division recommends approval ofAmendment application AM-S. <br />Financial Warranty: The Division has calculated that the Financial Warranty required for the <br />Amendment AM-5 application is $40,000.00. The Applicant must provide the full amount before <br />commencing work under AM-5. <br />2