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L.Ak P' LA <br />AiA <br />MVD <br />JUN 01 2010 <br />Dhit??n efi R,;,c Qm&Won, <br />C: riM and Safety <br />T'A 4= C) U "T"Y <br />May 21, 2010 RECE/J,,?, <br />Mined Land Reclamation Board MAY 2 4 <br />Colorado Division of Reclamation, Mining and Safety z®?? <br />1313 Sherman St., Room 215 D Field <br />Durango <br />'vision of Office <br />Denver, CO 80203 Mining aRec/amat' /on <br />Safety <br />Re: Permit Amendment No. I (AM-01) May Day Mine'Permit No. M-1981-185 <br />In a letter dated April 26, 2010 (the `Letter"), La Plata County provided the Mined Land Reclamation <br />Board (the "Board") with comments relating to the first permit amendment to the May Day Mine. We <br />want to reiterate our concerns presented in the Letter, but wish to further clarify statements made therein. <br />La Plata County seeks to clarify the fourth paragraph of the Letter. In this paragraph, it is stated that <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 />Chapter 82 of the La Plata County Code requires that in order to receive approval for a land use permit for <br />a mining or milling project, adequate proof of water and access must be provided. We simply want to <br />make the Board aware that the County will not approve a land use permit for the May Day mine if <br />adequate water and sewer is not demonstrated. <br />In the second sentence of paragraph 4 of the Letter, we raised concerns relating to the issuance of separate <br />permits for mining and milling activities on the Mayday and Idaho sites. Pursuant to La Plata County's <br />Code, requirements, such as water and access, must be proven for each site and each permit must have <br />independent proof of water and access. Concerns would arise if the legal rights for water or access were <br />dependent on the operations of the other permitted site. If one site stops operating, the other site must <br />retain legal rights to water and access. We want to inform the Board that approval of a county land use <br />would be more challenging if certain legal rights do not exist independently of each other. <br />We hope this provides greater clarity to our previous letter and again thank you for the opportunity to <br />comment. <br />Sincerely, <br /> <br />Erick Aune, AICP <br />Planning Director <br />14900-* 1500 00005483. DOC 11