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• <br />• <br />• <br />additional exposure scenarios do not change the conclusion that was presented in the <br />Preliminary EA, which was that all radiation levels from hauling operations are expected <br />to be within the US Department of Transportation limits, as specified in 49 CFR <br />173.427(a)(1). The Operator will be performing and recording spot gamma surveys to <br />ensure compliance with the USDOT limits. <br />Substantive comments on the Preliminary EA, and documentation of my consideration <br />are attached to this decision. The complete set of public comments is in the project file at <br />the San Juan Public Lands Center. <br />6.0 Major Pertinent Laws <br />The following is a summary of the major laws pertinent to the decision. <br />• Surface Resource Act at 43 Code of <br />Federal Regulations (CFR) Part 3715 <br />• Federal Mining Law at 43 CFR subpart <br />3809, Surface Management Program <br />• Federal Land Policy and Management <br />Act <br />• Federal Water Pollution Control Act <br />(Clean Water Act) <br />• National Historic Preservation Act <br />• Clear Air Act <br />• Safe Drinking Water Act <br />• Solid Waste Disposal Act <br />• Comprehensive Environmental <br />Response. Compensation, and Liability <br />Act <br />• Endangered Species Act <br />• Migratory Bird Treaty Act <br />• National Environmental Policy Act <br />I have considered the Proposed Action with respect to all the above listed major pertinent <br />laws and have determined that it is in compliance with the laws. <br />This proposed action is also subject to local and state laws and regulations. <br />• Denison must comply with all CDOT laws and regulations <br />• Denison must obtain any necessary road permits from San Miguel County <br />Denison has already obtained other necessary State and County authorizations, including: <br />• Colorado Department of Health and Environment (CDPHE) Construction Permits <br />for the air emissions <br />• San Miguel County Septic System Permit <br />• CDPHE stormwater discharge permit. <br />7.0 Statement of Adverse Energy Impact <br />Per a 2001 Department of the Interior, Washington DC Instruction Memorandum, IM <br />2002-053, I have reviewed this decision in relation to the said memorandum, and have <br />determined that it will not have any adverse impact on energy development, production, <br />supply and/or distribution. <br />Decision Record -5- Sunday Mines Complex Expansion <br />Dolores Public Lands Office January 2009