2016-12-19_REVISION - M1980244 (6)

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10 which had not been received by the County. In addition, the County anticipates opposition to a zoning change, which may prevent the approval, thereby potentially making the proposed AM-11 permit/affected area boundary in violation of local permits, licenses and approvals, pursuant to C.R.S. 34- 32-115(4)(c)(I). The Division requires a drawing showing the current and proposed CCMOD boundary on a map that also shows structures not owned by CC&V, roads, and utilities (such as the revised Drawing C-3) in order to present the issue to the Mined Land Reclamation Board at an anticipated hearing. It was also mentioned by the County officials that the Historic / Recreation Area (HRA) buffer zone discussed in Comment E below is relied upon by the cities of Cripple Creek and Victor to protect them from mine development encroachment. RESPONSE: Newmont has had several meetings with Teller County to describe the requirements for the CCMOD boundary rezoning and the timing for submitting the rezoning and Mine Development Plan (MDP) applications. A formal land survey has been performed on the proposed revised CCMOD boundary and will be submitted to Teller County as part of CCMOD rezoning application. The County has specifically requested that Newmont delay submitting the rezoning and MDP application until the Division makes a decision on the Amendment 11 permit, which is why the Division does not have a copy of the survey at this time. Newmont believes that based on our call with the Division and Teller County on November 3, 2016 and based on the letter dated November 4, 2016 from the County to the Division stating that it does not object to the Amendment 11 application, this comment has been addressed conditioned upon Newmont submitting the appropriate County applications. E. City of Cripple Creek. The response is not adequate. Based on an October 12, 2016 telephone call a city official (Mr. Ray Dubois), only one meeting was held with the mine. Furthermore, Mr. Dubois indicated nothing had been resolved at this one meeting. The City’s objection letter requested the following three boundaries be included on AM-11 maps: City limits of Cripple Creek, the Historic / Recreation Area (HRA) buffer zone, and the CCMOD. Of the three, only a partial HRA boundary is shown on a single revised map (Drawing C-4). The Division requires these boundaries and their proposed changes be shown on maps in order to determine what issues raised by the City are under the jurisdiction of the Division and the Mined Land Reclamation Board. For example, there is a “General Location of Proposed Haul Road” shown on the revised Drawing C-4, that 1) is outside the permit boundary, and 2) is close enough to the City, that without the City Limit shown on the drawing, it is unclear to the Division whether or not the road is in the city limits. Other potential issues raised by the City may or may not be jurisdictional, such as: Item 8, Utilities; Item 9d, Public Roads; and Item 9j, Water Quality from the Chicago Tunnel. In lieu of a written withdrawal of objection from the City of Cripple Creek, the Division requires a drawing showing the City Limits and the current and proposed CCMOD and HRA boundaries on a map that also shows structures not owned by CC&V, roads, and utilities (such as the revised Drawing C-3) in order to present the issue to the Mined