1999-11-16_REVISION - M1999002 (2)

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-2- IV. Division of Approval Responsibilities 1. CM[iZB shall assume primary responsibility for the administration, review, and permitting of notices of intent for prospecting and/or drilling and all other mining operations subject to 43 CFR 3809 regulations which otherwise fall under the jurisdiction of the CMLRB. Such mining operations include prospecting and mining of base and precious metals, uranium and other unconnon or unique locatable mineral varieties. 2. BLM shall have responsibility for review and approval of surface disturbance activities which lie outside the CMLRB permit boundary, but are related to proposed operations, including access routes. 3. BLM and CMLRB will exchange information to prevent inconsistent and confusing action and to reduce duplication. BLM will notify operators that they must first file an application with CMLRB. 4. For aTl operations covered by this Memorandum, it is agreed and required that an operator submit an application or revision to the CMLRB containing all information required by the Board under its current laws and regulations. When an application is deemed complete, CMLRB will notify the applicant by a "complete letter" that he is operating on BLM lands and needs to file a copy of his application and any subsequent additions and CMLRB correspondence with the jurisdictional BLM District Office. 5. The final permit approval by the Board, finding the applicant's compliance with its laws and regulations (including financial warranty), will be accepted by the BLM as compliance with all the applicable Federal regulations contained in 43 CFR 3809 except for: 43 CFR 3809.1-6(a)(4) (Environmental Statement), 43 CFR 3809.1-6(a)(5) (sec. 106 of the National Historic Preservation Act and sec. 7 of the Endangered Species Act), and 3809.2-1 (Environmental Assessment). a. BLM will review a copy of the application and .any subsequent additions and CMLRB correspondence, and will conduct field visits as necessary - - during application review to assure that 1) the proposed operations are compatible with resource management plans to the extent possible, 2) that environmental disturbance will be minimized, and 3) that the operation is not contrary to the above cited Federal laws. b. BLM will advise the Board in writing prior to the close of the review period as to whether or not the operation would be contrary to - applicable Federal law and as to any mitigation measures developed by BEM's authorized officer, necessary to ensure compliance with these laws. Tne CMLRB will advise the applicant of BLM requirements to prevent undue and unnecessary degradation under the provisions of 43 CFR 3809. c. CMLRB will eeny all per-nits where BLM has advised that the ^oer_tien would be contrary to Federal law (particularly the National CnVirOn,;;BnLai i'DI1CV nCt, ..ational H15tOriC Preservation Act, and the _..__- =-ec .reciss ~.c~ as acministered Dv BLM). Suacested stipulations, --. - _ _, ... .~.._.'ica_ie.^.s .o the penis application rrom 9LM which are not _ - -= -°_s -e _~ ,'il be consieered by the Board and included, as .-_-':_ _ _. __ .c'. _. _(lc -=riTiiL InS G'3r ds the ]ucrC :5 aGL'lOr1Z°_7 t0 d0 SC.