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owner consent for retention of the privately owned segment of the Munger Canyon haul road. <br />During this midterm review it was determined that the operator has complied with Stipulation <br />No. 32 through the current Easement Agreement effective April 11, 2007 between CAM Mining <br />LLC (Grantee) and #11 Enterprises, Ltd. (Grantor). It is stated in the Easement Agreement that <br />" 411 requests and consents to the retention of the road and bridge that comprise the Easement..." <br />please refer to Appendix C, Exhibit lc Property Rights of the permit application package (PAP). <br />The full text of these stipulations is given below. <br />STIPULATION NO. 12 <br />THE PERMITTEE SHALL MAINTAIN RAPTOR BUFFER ZONES ESTABLISHED FOR <br />THE MUNGER CANYON MINE BY THE USFWS FOLLOWING COMPLETION OF <br />THEINITIAL RAPTOR SURVEY CONDUCTED IN JULY, 1983. NO SURFACE <br />DISTURBANCES SHALL OCCUR WITHIN ESTABLISHED BUFFER ZONES EXCEPT AS <br />SPECIFICALLY AUTHORIZED BY CMLRD IN CONSULTATION WITH THE USFWS <br />AND CDOW. <br />STATUS: This stipulation is active and remains in effect. <br />STIPULATION NO. 32 <br />PRIOR TO SUBMITTAL OF PHASE 1 BOND RELEASE APPLICATION FOR THE LOWER <br />ROAD TO BE RETAINED FOR THE POSTMINING LAND USE, THE OPERATOR WILL <br />SUBMIT A WRITTEN REQUEST FROM THE SURFACE OWNER FOR RETENTION OF <br />THE PRIVATELY OWNED SEGMENT OF HAUL ROAD (BETWEEN THE BLM <br />BOUNDARY AND STATE HIGHWAY 139). THE REQUEST WILL INDICATE THE <br />SURFACE OWNER'S CONCURRENCE WITH THE PLAN FOR ROAD RETENTION <br />PRESENTED IN PERMIT SECTION 3.3.1. ALTERNATIVELY, A REVISED <br />RECLAMATION PLAN FOR THE LOWER ROAD SEGMENT DEMONSTRATING <br />COMPLIANCE WITH RULE 4.03.1(7)(A)(i) THROUGH (ix) WILL BE SUBMITTED TO <br />THE DIVISION. <br />STATUS: Complied with August 10, 2010. Stipulation No. 32 has been satisfied by the <br />incorporation of the Easement Agreement effective April 11, 2007 between CAM Mining LLC <br />(Grantee) and #11 Enterprises, Ltd. (Grantor) into Appendix C of the PAP. <br />SECTION IV — MIDTERM ADEQUACY QUESTIONS <br />The Division does not have any adequacy questions or comments regarding this Midtenn <br />Review. <br />Munger Canyon Mine -5- August 10, 2010 <br />