2010-11-10_REVISION - M1977493 - Laserfiche WebLink

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Page 7 of 10 EXHIBIT O Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): Please submit a complete list of all owners or show the owners on your map in Exhibit C. Exhibit O Adequate as submitted EXHIBIT P - Municipalities Within Two Miles (Rule 6.4.16): Please list any municipality(s) within two miles of the proposed mining operation and address of the general office of each municipality. Exhibit P Adequate as submitted EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District (Rule 6.4.17: Please submit proof of actual delivery or proof of mailing by Certified Mail, return receipt requested, of Notice of the Application to the local Board of County Commissioners and, if the mining operation is within the boundaries of a Soil Conservation District, to the Board of Supervisors of the Soil Conservation District. Exhibit Q Adequate as submitted EXHIBIT R Proof of Filing with County Clerk and Recorder (Rule 6.4.18): You must submit an affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder. Exhibit R Adequate as submitted EXHIBITS -Reserved N/A EXHIBIT T - Permanent Man-Made Structures (Rule 6.4.19): The Applicant shall provide information sufficient to demonstrate that the stability of any structures within 200 feet of the operation or affected land will not be adversely affected. (Please note that roadways and above-ground or underground utilities (if present) within 200 feet of the proposed affected area are considered permanent man-made structures.) If the Office determines that such information is inadequate to demonstrate that the operation will not adversely affect the stability of any significant, valuable and permanent man-made structure, the Applicant shall either: a.) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or b.) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. c.) where such a structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owners of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The application states that the information required for this exhibit is "incorporated by reference" from AM- 03, AM-04, AM-05 and the original permit. Please consolidate this information and any existing damage waiver agreements for inclusion in AM-06. This information should correspond to the structures/feature information provided in response to comments for Exhibit B(g), and Exhibit C(g). At a minimum, evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued may be sufficient. If an agreement is unable to be reached, a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. Exhibit U (Rule 6 4 21) Designated Minim Operation Environmental Protection Plan (EPP) It is understood by the Division that the EPP for the Climax Mine site is a complex "living document", and that several of the key components are in flux at this time due to ongoing construction activities on site. However, there are several areas of concern that will need to be addressed: Section (2) Maps - Please submit a map of the mill facility, water treatment facility, and any other facility on site that depicts the locations of and how designated chemicals will be stored and used, and in what quantities. Please also describe the measures that will be taken to prevent and monitor for releases of these materials and what measures will be taken in the event of a release. If this information is contained in the approved site SPCC/MCP, please reference as appropriate and include a copy of this document or the applicable referenced sections.