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August 24, 2021 Page 5 caused by the Mill. C.R.S. § 34-32-117(4) (financial warranty should cover water quality protection, treatment and monitoring). In addition, the Application does not address how long the financial warranty will remain in place and what conditions must be met in order to release it. The Applicant should not be able to walk away from the site simply after capping the TSF. There should be ongoing monitoring of water quality for a long period of time after operations have ceased to ensure that residual cyanide leachate or other pollution is not affecting the District or surrounding community. Further, Rule 6.4.19 applies because the Applicant's affected lands lie within 200 feet of a significant,valuable and permanent man-made structure,namely the District's polishing pond and sewage pipeline infrastructure. Rule 6.4.19 provides that the Applicant must do one of three things: (a)provide a notarized agreement between the Applicant and the person having an interest in the structure for compensation for any damage done; (b) where such an agreement cannot be reached,the Applicant shall provide an appropriate engineering evaluation demonstrating that the structure will not be damaged by the Applicant's activities; or (c) where the structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, that the Applicant's activities will have "no negative effect" on the utility. First, there is no agreement between the Applicant and the District. Second, the Applicant has not provided any engineering evaluation referring to the District's polishing pond or sewage pipeline infrastructure. Third, the District does not agree that the Applicant's operation will have no negative effect and has not supplied any letter to that effect. The Application should be denied for failure to comply with Rule 6.4.19. A further concern relates to the complicated and opaque corporate structure of the Applicant and the owner of the Leadville Mill, which also dictates that a sufficient financial warranty be posted for as long as it takes to assure there is no environmental damage. Transparency of Communications The Applicant has not been forthcoming or transparent about describing its plans for expansion. On November 19, 2020, the Applicant sent the District a letter asking the District to sign a Structure Agreement without any explanation about what the Applicant was planning to do. Instead of just signing the agreement, the District asked for information about the Applicant's plans for expanding its operations. The Applicant said that it would send information later, but the District received nothing. Instead, the District learned for the first time about the revised Application involving cyanide processing through a newspaper article in July 2021. To date the District still has not received current information about the Applicant's plans from the Applicant. Good neighbors talk to each other. The Applicant has not been a good neighbor.