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Brief Summary of Events Leading up to Issuance of the NOV: <br />In September of 2012, BRL personnel met with the Division to discuss their current <br />situation with refuse disposal. BRL indicated that they were still waiting for an air permit <br />for Gob Pile #3, which was approved by the Division on July 3, 2007 - until BRL has <br />secured the air permit, disposal in Gob Pile #3 is prohibited. BRL indicated that Gob <br />Pile #4 had reached maximum capacity, and Gob Pile #2 was rapidly approaching its <br />maximum. BRL indicated that they would be submitting a revision to fill in the draw <br />between Gob Piles #2 and #4, combining the two areas and providing an additional <br />600,000 CY of capacity. <br />In early November, Tamme Bishop (operator's permitting consultant) called to discuss <br />the relocation of the upland diversion ditch that would become necessary when the two <br />areas were combined. Ms. Bishop requested that the Division allow BRL to separately <br />permit the ditch relocation as a minor revision, to allow for construction of the ditch <br />before inclement weather set in. We allowed the operator to submit the revised ditch <br />location as a minor revision. <br />Prior to submitting the minor revision, Ms. Bishop contacted me regarding the amount of <br />increased disturbed acreage. She asked me if she should give an exact figure for the <br />ditch, or if it would be acceptable to include the entire area from the new ditch line to the <br />existing ditch line, consistent with the area that would be included in the proposed <br />technical revision that was forthcoming. She also asked if she should revise any of the <br />maps for the minor revision, since they were going to be revised with the technical <br />revision, and there might be "field fitting" of the ditch during construction. We agreed <br />that she did not need to revise all of the maps at that time, that one drawing of the ditch <br />alignment would suffice, and that the exact acreage of the ditch did not need to be <br />digitized. The proposed (and subsequently approved disturbance area for the ditch was <br />6.2 acres). Ms. Bishop also inquired about reclamation costs; I told her that we were <br />relocating a permanent feature, so no additional bond would be necessary. The division <br />reviewed the application and approved the ditch relocation via MR132 on November 9, <br />2012. No permit pages or maps were revised, and no bond was posted. Any <br />necessary ditch design changes, cost estimate, etc. were to be addressed in the <br />upcoming technical revision. The minor revision was approved solely for relocation of <br />the existing ditch further uphill. <br />Construction of the upland diversion ditch commenced in mid - December. The January <br />4, 2013 aerial photographs indicate that excavation of the ditch was complete at that <br />time. <br />TR76, to combine the two refuse areas, was submitted to the Division on November 15, <br />2012. The revision was deemed complete on November 23, 2012, and the Division's <br />adequacy concerns were transmitted to the operator on December 23, 2012. We <br />received the operator's response on January 2, 2013, and approved the revision on <br />January 14, 2013. This revision included drainage and sediment control designs for the <br />