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::-- <br />Memo to File No M-77-342 -2- Mav 31, 1996 <br />Operation", as defined in the Rules, incorporates certain exclusions from <br />the necessity of reclamation permitting. These exclusions include <br />"smelting, refining, cleaning, preparation, transportation, and other off- <br />site operations not conducted on affected land." It is the Division's <br />opinion, that since the proposed consolidated treatment plant in the Urad <br />Valley is not going to be used exclusively for Henderson Mine water, i.e. <br />is not "captive" to the Henderson Mine, that the consolidated water <br />treatment plant falls under the definition of an "off-site operation not <br />conducted on affected land", and is not part of the "Mining Operation" <br />requiring a reclamation permit. <br />As a further defining example to the Division's opinion that the proposed <br />consolidated treatment plant in the Urad Valley does not need to be <br />included in the reclamation permit, the water treatment plant is analogous <br />to a "Custom Mill", as defined in the Rules. A "Custom Mill" may accept <br />ores for processing from a number of mine sites, and would not be <br />"captive" to any one mine site. Custom mills do not necessarily need a <br />reclamation permit from the Mined Land Reclamation Board in order to <br />operate. <br />C:\WP51\HENDAM2.AD4 <br />