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Section 3. DEFINITIONS <br /> 3.1 "Reclamation Standards" for purposes of the mitigation projects, means <br /> sections 3.1.5 (materials handling), 3.1.9 (topsoiling), 3.1.10 (revegetation), <br /> and 3.1.11 (buildings and structures) of the rules of the Mined Land <br /> Reclamation Board, 2 CCR 407-1 as they exist at the time the Consent Decree <br /> is entered by the Court. <br /> 3.2 "Work Plan" means any one of the plans for remedial or mitigative work <br /> attached to SGC's CDPS permit for mine remediation projects, appended to <br /> the Consent Decree, or such plans submitted by SGC to WQCD for approval <br /> pursuant to the Consent Decree. <br /> Section 4. RESPONSIBILITIES <br /> 4.1 The Consent Decree provides that once SGC certifies to WQCD that Work has <br /> been completed, WQCD will request in writing that DMG inspect that Work. <br /> DMG will use reasonable efforts to conduct inspections requested by WQCD. <br /> DMG will not be required to conduct inspections if it determines that it is <br /> unable to for reasons including but not limited to staff, budget or access <br /> limitations, and notifies WQCD of such determination in writing within ten <br /> business days of the request by WQCD. <br /> 4.2 Unless DMG has made a determination pursuant to section 4.1 above that it is <br /> unable to conduct the inspection, it will complete the inspection within sixty <br /> days after the receipt,by DMG of a WQCD request for inspection, or if <br /> impracticable because of weather or ground condition, as soon thereafter as <br /> possible. <br /> 4.3 Within thirty days after DMG has completed an inspection, it will submit to <br /> WQCD a written inspection report. DMG's inspection report will include a <br /> statement of whether or not SGC has completed the mitigation project or <br /> projects in conformance with the Reclamation Standards and the Work Plans. <br /> If DMG concludes that the project or projects have not been completed in <br /> conformance with these, it will provide a detailed statement as to the reasons <br /> why not. WQCD will then provide its determination to SGC whether SGC has <br /> met the requirements of the Consent Decree. <br /> 4.4 Within ten business days after DMG has completed an inspection, it will <br /> submit to SGC a detailed bill of its costs and expenses, and will provide a <br /> copy of this bill to WQCD. DMG will calculate its costs at a rate of $33.33 <br /> per hour, and associated expenses, up to a maximum of $3100 per mitigation <br /> project, as provided in the Consent Decree. The Consent Decree provides that <br /> 3 <br />