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Preliminary Adequacy Issues May 4, 2007 <br />San Luis Project, AM-02 <br />Permit No. M-1988-112 Pape 2 <br />application which increases the acreage of the affected land, or which has a significant effect <br />upon the approved or proposed Reclamation or Environmental Protection Plan. Please remove <br />any and all references to release of permitted lands from AM-02. Such references occur within <br />the application form; Exhibit A, Legal Description; Figure C-1, Site Plan; Figure F-1, Mine Site <br />Reclamation Plan; and Figure 3, Existing and Revised Permit Boundaries. <br />5. The confusion in permit acreage for AM-02 was sufficient to mislead the State Historic <br />Preservation Officer to state in their correspondence dated January 4, 2007, <br />Based on the nafure of the amendment, which involves a reduction in permitted acreage <br />and no new ground disturbance at this facility (which is currently in closure and <br />reclamation), it is our opinion that there will be no effect to cultural resources. <br />Please clarify how the Applicant intends to gain clearance for AM-02 from the State Historic <br />Preservation Office, as required by Rule 6.4.13. <br />6. Please remove any and all statements which suggest that the DRMS's jurisdiction is <br />limited to the construction phase of the pipeline and storage ponds. The DRMS's jurisdiction will <br />remain in effect for all affected lands until such lands are released from the permit through the <br />appropriate process described under Rule 4.17. <br />7. Pursuant to Rule 1.1(4), the DRMS has determined that all portions of the pipeline, <br />storage ponds and waste discharge fields qualify as affected lands and must be included within <br />the permit area and addressed by the reclamation plan and financial warranty. <br />Rule 1.1(4) defines "Affected Land" to mean the surface of an area within the state where a <br />mining operation is being or will be conducted, which surface is disturbed as a result of such <br />operation. Affected lands include but shall not be limited to private ways, roads, except those <br />roads excluded pursuant to this Subsection 1.1(4), and railroad lines appurtenant to any such <br />areas; land excavation; prospecting sites; drill sites or workings; refuse banks or spoil piles; <br />evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; work, <br />parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, <br />machines, tools or other materials or property which result from or are used in such operations <br />are situated... <br />The 21,472 foot pipeline proposed in AM-02 is a structure which results from and will be used by <br />the operation. The proposed pipeline will convey mine waste water which resulted from the <br />permitted mining operation. As such, all portions of the pipeline corridor constitute "affected <br />land" and must be included within the permit boundary. Current plans for AM-02 have included <br />approximately 14,272 feet of the pipeline within the permit boundary. However, approximately <br />7,200 feet of pipeline is not included within the proposed permit boundary. Please amend AM- <br />02 to declare all portions of the proposed pipeline corridor as affected lands and addressed by <br />the reclamation plan and financial warranty. Additionally, please ensure that any material <br />borrow areas associated with the pipeline construction are appropriately permitted through the <br />Act and Rules. <br />