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<br /> permits, radioactive source materials licenses,disposal of dredge and fill material(404)permits, permit to
<br /> construct a dam,well permits,explosives permits, State Historic Preservation Office clearance, highway access
<br /> permits, U.S. Forest Service permits, Bureau of Land Management permits,county zoning and land use
<br /> permits,and city zoning and land use permits."
<br /> The existing access road crosses a short portion of BLM managed property in T.71 W., R19S.,Section 13: Lot
<br /> 12, NMPM.The BLM records show no easement for that portion of the road.43 CFR 2909.1 states that,"You
<br /> must have a grant under this part when you plan to use public lands for systems or facilities over, under,on or
<br /> through public lands.These include, but are not limited to...Transportation systems,such as roads,trails,
<br /> highways...."If Zephyr continues to use that existing route,then a permit will be required. No such permit has
<br /> been identified).
<br /> "Temple Canyon Road also known as Fremont County Road 3(FCR3)is the only public road in the vicinity of
<br /> Dawson Mine.The road will be used by employees,one to two weekly haul trucks and mine operations
<br /> suppliers and subcontractors. Fremont County will incorporate road upgrading, maintenance requirements and
<br /> repair agreement into the Conditional Use Permit from Fremont County."
<br /> (DRMS regulations relative to Mining Permit applications state that the applicant must provide,"...a statement
<br /> identifying which of the following permits, licenses and approvals which are held or will be sought in order to
<br /> conduct the proposed mining and reclamation operations:effluent discharge permits,air quality emissions
<br /> permits, radioactive source materials licenses,disposal of dredge and fill material(404)permits, permit to
<br /> construct a dam,well permits,explosives permits, State Historic Preservation Office clearance, highway access
<br /> permits, U.S. Forest Service permits, Bureau of Land Management permits,county zoning and land use
<br /> permits,and city zoning and land use permits."
<br /> It appears that portion of Temple Canyon Road most in need of"upgrading"is on BLM land [T.71 W., R.19S.,
<br /> Section 11:SWSW; Section 12: SESESE;Section 13: Lot 6, NMPM]and is covered by a Right-of-Way issued
<br /> by BLM under serial number COC 44142. If"upgrading"means any type of rerouting from the route specified in
<br /> their easement grant,then that will take authorization from the BLM.43CFR2807.20 states that."You must
<br /> amend your application or seek an amendment of your grant when there is a proposed substantial deviation in
<br /> location or use. Use as a primary mining road/route is a substantial deviation from its current use.The
<br /> requirements to amend an application or grant are the same as those for a new application, including paying
<br /> processing and monitoring fees and rent according to§§2804.14,2805.16,and 2806.10 of this part;Any
<br /> activity not authorized by your grant may subject you to prosecution under applicable law and to trespass
<br /> charges under subpart 2808 of this part; If your grant was issued prior to October 21, 1976,and there is a
<br /> proposed substantial deviation in the location or use or terms and conditions of your right-of-way grant,you
<br /> must apply for a new grant consistent with the remainder of this section. BLM may respond to your request in
<br /> one of the following ways:
<br /> (1)If BLM approves your application, BLM will terminate your old grant and you will receive a new grant under
<br /> 43 U.S.C. 1761 et seq.and the regulations in this part. BLM may include the same terms and conditions in the
<br /> new grant as were in the original grant as to annual rent,duration,and nature of interest if BLM determines,
<br /> based on current land use plans and other management decisions,that it is in the public interest to do so;or
<br /> (2)Alternatively, BLM may keep the old grant in effect and issue a new grant for the new use or location,or
<br /> terms and conditions.)
<br /> Note:Zephyr states"one to two weekly haul trucks."Zephyr's previous application to the BLM for right of way
<br /> from Temple Canyon Road to their mine site(as an alternative to the Keller property access point)Will
<br /> Felderhof stated that up to 20 haul truck per day would use the road access.The terms of Zephyr's current
<br /> application remain unchanged from the date of Felderhof's written statement.
<br /> 2.4.4.7.explosives and Blasting
<br /> "Mine development and production blasting will typically use ANFO and/or stick powder(emulsion)explosives.
<br /> Explosive types and quantities required will be determined relative to blasting needs and conditions
<br /> encountered throughout the project.
<br /> Surface and underground magazines will be used for the storage of approximately 13,000 lbs.of explosives
<br /> and detonators on site for up to a week of blasting activity. It is assumed that inventories will be replenished
<br /> each week by a local explosive supplier.
<br /> All explosives will be stored and handled according to Mine Safety and Health Administration(MSHA)and
<br /> Bureau of Alcohol,Tobacco and Firearms(BATF)regulations and guidance, respectively. Magazine locations
<br /> on site will comply with the requirements outlined in The American Table of Distance for Storage of Explosive
<br /> Material recommended by BATF."
<br /> (DRMS regulations relative to Mining Permit applications state that the applicant must,"Specify if explosives will
<br /> be used in conjunction with the mining or reclamation. In consultation with the Office the Applicant must
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