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11AY 0 3 2010 <br />LA PL-^-r^ a U N TY Divowfi :.,d;amAWon, <br />Mining and Safety <br />RECEIVED <br />April 26, 2010 <br />Mined Land Reclamation Board <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St, Room 215 <br />APR 2 6 2010 <br />Durango Field Office <br />®'Vision of Reclamation, <br />Mining and Safety <br />Denver, Colorado 80203 <br />Ages C CO µ,vuv`? <br />RE: Permit Amendment No. 1 (AM-01) May Day Mine Permit No. M-1981-185 ` <br />Thank you for this opportunity to provide comment on the permit amendment AM-01 to allow milling at <br />the May Day mine located in La Plata County. Please note La Plata County is providing this letter in <br />response to the Division's notice for AM-01 but that La Plata County does not seek party status. <br />Chapter 82 of the La Plata County Land Use Code requires an applicant to submit, among other <br />items, proof of adequate water, sewer, and access. The May Day amendment application under <br />consideration provides neither water for milling operations nor access accommodating motorized <br />travel. <br />It is understood the water supply and motorized access intended by the applicant to ultimately support <br />May Day operations have been separated into a second permit application to the State. In the event <br />the Board is not able to approve the second permit application, or must significantly delay approval of <br />it, the May Day will nevertheless require water for its operation and will likely require motorized access <br />at times. <br />Issuance of the May Day permit without water and access limits functionality of the May Day permit <br />and could be in direct contradiction with the requirements of Chapter 82 of the La Plata County Code. <br />Even if the independent permits are issued in a similar time period, enforcement of permit conditions <br />could become complex as mining and milling activities will continually be crossing permit boundaries. <br />We appreciate the Board's considerations of these comments and suggest that requiring water and <br />access to be a part of the May Day mine and mill permit is consistent with the La Plata County Code <br />and State Statute. <br />Sincerely, <br />Erick Aune, AICP <br />Planning Director <br />Planning Department 0 1060 East Second Avenue 0 Durango, CO 81301 0 (970) 38246263