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JUL.13.2008 12:11PM USDI 1BLA <br />NO, 7496 - P. 5 - - -- - <br />IBLA 2007187 <br />`third, BLM stated that the proposed operations would cause unnecessary or <br />undue degradation of public lands "by generating a large quantity of waste and acid <br />generating rock from an adit as compared to the smaller quantity that standard drill <br />holes used for exploration would generate." Decision at 1. BLM added that <br />underground conditions may be speculative without sufficient data to <br />support the water and rock to be encountered at the level and length of <br />the proposed LKA adit, without exploration drilling in advance of <br />driving the adiL The proximity of the adit to drinking water supplies at <br />the Lake Fork of the Gunnison River and the issue of siting and need for <br />potential water treatment facilities (based on underground water <br />conditions at the nearby Golden Wonder Mine above this area) adds to <br />this concern. <br />Decision at 2. <br />LKA initially sought State Director Review (SDR) of the decision, but the <br />Deputy State Director, Energy, lands, and Minerals, Colorado, BIM, issued a May 15, <br />2007, letter, declining to review the decision. Thereafter, pursuant to 43 C.F.R. <br />§ 3809.801, LKA filed a timely appeal of the Field Office decision,5 <br />U. LKA's Arguments on Appeal <br />on appeal, LKA challenges what it asserts is BLM's determination "that LKA's <br />exploration tunnel, which would be dug on BLM land to explore for locatable <br />minerals and cause less than five acres of surface disturbance, does not qualify as a <br />notice-level operation under 43 C.F,R. § 3809.21.4 Petition at I. IRA asks the <br />Board to reverse the decision, and allow it to proceed with its proposed exploration in <br />accordance with the terms of its notice. <br />LKA argues that BLM's conclusion that the tunnel will cause unnecessary or <br />undue degradation is unsubstantiated by the record, specifically arguing that BLM <br />does not address or find fault with the comprehensive measures LKA described that it <br />s 1AKs Notice of Appeal and Petition for Stay (Petition) contains its statement of <br />reasons for appealing the April 2007 decision. Following the failure of settlement <br />negotiations, BLM sought and was granted time to file an answer. BLM has filed its <br />answer and LKA has replied. <br />s LKA states that the NOI demonstrated, in accordance with 43 C.F.R. <br />§ 3809.301(b), "that all surface disturbance resulting from digging the tunnel, <br />including road construction necessary to access the tunnel site, and the staging of <br />excavated material and equipment, diesel fuel, lubricants and explosives nearby the <br />tunnel entrance, would not exceed 1.22 acres." Petition at 2. <br />175 IBLA 229