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SAN 'J URN R R ID:9703851375 JAPJ 20'98 16:48 No.007 P.07 ~ , • • -2 IY. Division of Approval Responsibilities C~ 1. CMLRB shall assume primary responsibility for the administration, review, and permitting of notices of intent f.or prospecting 'and/or drilling and all other mining operations subject to 43 CFR 3809 regulations which otherwise fall under tfie jurisdiction of the CMLP.B. Such mining operations include prospecting and mining of base and precious metals, uranium and other uncommon or unique locatable mineral varieties. 2. BLM shall nave responsibility for review and approval of surface disturbance activities which lie outside the CMLRB permit boundary, but are related to proposed operations, includiny access routes. 3. DLM 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 CMLRD. 4. For all operations covered by this Memorandum, it is agreed and required tha: an. operator submit an application or revision to the Cf4!RD containing all information required by the Boerd under itS_CUrrent laws and regulations. When an application is deemed complete, CMLRB will notify the applicant by a "canplete 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 regulaticns (including financial warranty), will ' be accepted by~the DLM 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(aj(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 pcssible, 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 BLM's authorized cfficer, necessary to ensure compliance with these laws. The CMLRB will advise the applicant of BLM requirements to prevent undue and unnecessary degradation under the provisions of 43 CFR 3809. c. CMLRD will ceny all permits where DLM has advised that the operation would be contrary to Federal law (particularly .the National Environmental Policy Act, National Historic Preservation Act, and the Endangered Species Act as administered by BLM). Suggested stipulations, conditions, or modifications to Che permit application from BLM which are not mandatary under Federal law will be Considered by the Doard and included, as appropriate, as part of the permit insofar as Che Board is authorized tc do so.