2015-08-03_REVISION - P2009025 (4)

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o 3.1.6 Water - General Requirements, (5) Drilling pits used during prospecting or mining shall be constructed and operated to minimize impacts to public health, safety, welfare and the environment, including soil, waters of the State, including groundwater, and wildlife. In its discretion, the Office may require the use of pit liners, fencing, netting or other measures to minimize impacts to the public health, safety, welfare and the environment. • Was the County notified of this mining test? o (m) Concurrent with submitting the NOI to the Office, the prospector shall send a notice to the local Boards of County Commissioners in the counties where the proposed prospecting activities occur. o (i) The Prospector shall certify that such notice was submitted. o County Commissioner, Ed Norden, has stated that this activity would constitute a Major Amendment to the current Conditional Use Permit granted by Fremont County. o 6.4.21 EXHIBIT U - Designated Mining Operation Environmental Protection Plan 4. (d) The Board reserves the right to deny an application for a Permit or Modification to an existing Permit where there is substantial evidence that the operation is or may be contrary to the laws or regulations of this state, or the United States, including but not limited to all federal, state, and local permits, licenses and approvals. The Board may continue the consideration of the application, or condition approval, pending final resolution of the matter. In addition, as to any in situ leach mining applications, the Board may or shall, whichever is applicable, deny any such permit application in accordance with the provisions of Rule 1.4.10. Open Public Process: I would also like to make comment that I have no objection to DRMS requiring this type of mining to fall under the In Situ Leach (ISL) rules. The same amount of public scrutiny should be applied to Underground Bore Hole Mining (UBHM) as is for In Situ Leach (ISL). Having been a party to the 2010 Rulemaking process for HB08-1161, I understood that it was the Mined Land Reclamation Board's (MLRB) intent to protect groundwater quality not only during In-situ Leach operations; but for all Designated Mining Operations (DMO). The same public process should be undertaken before any Underground Bore Hole Mining (UBHM) operations are considered—especially at this the "pre -application" level. This is the level at which the current rules begin to shape the planning of an In Situ Leach (ISL) process—it should be the same level at which DRMS should choose to shape any plans for Underground 7 1 P a g e