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Page 127 Hazd Rock/Metal Mining Rule 6 (c) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, wiIl have "no negative effect" on their utility. - 6.4.20 EXIIIBIT T - Desi¢nated Minin¢ Operation Environmental Pmtecaon Plan 103(4.9) (1) The Environmental Protection Plan shall describe how the 116.5(5) Operator/Applicant will assure compliance with the provisions of the Act and Rules in order to protect all azeas that have the potential to be affected by designated chemicals, toxic or acid-forming materials or acid mine drainage. In addition, the plan shall include an Emergency Response Plan that complies with Sections 34-32- 103(4.9) and 34-32-116.5(5), C.R.S. 1984, as amended, and Section 8.3, for designated chemicals used on site, and appropriate measures recommended by the Colorado Division of Wildlife (DOVE for the protection of wildlife from damage from designated chemicals, toxic or acid-forming materials and acid mine drainage. (a) An Environmental Protection Plan is not required to address proposed or permitted activities that do not involve, affect, or influence the storage, handling, or disposal of the designated chemicals and that do not disturb toxic or acid-forming materials, and that do not cause, or have the potential to cause, generation of acid mine drainage. (b) In order to protect the public and the environment from the adverse effects of designated chemicals, acid or toxic producing materials or acid mine drainage, the Board may consider whether there is a potential for adverse impacts. (c) Such a detemvnation will evaluate, specifically, the potential for adverse impacts from any.: (i) leach facilities, or heap leach pad; (ii) tailings storage or disposal azeas; (iii) impoundments; (iv) waste rock piles;