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C- 2010 -089 PAR Part 1 23- Dec -2010 <br />New Horizon North Mine Page 5 of 21 <br />those legal and financial commitments that existed prior to January 4, 1977, specifically as <br />they pertain to areas designated, or under study for designation, as being unsuitable for <br />mining. Please remove 2.03.7(2) from the application. <br />2. Subsection 2.03.7(3) addresses surface mining activities proposed within 300 feet of an <br />occupied dwelling, and the requirement that a written waiver be obtained from the owner of <br />the dwelling. Rather than "N /A ", please provide a statement here as to whether surface <br />mining activities are proposed to occur within 300 feet of an occupied dwelling and, if so, <br />whether a waiver has been obtained. <br />2.03.8 — Permit Term Information <br />1. Information presented in this section of the permit is contradictory to that presented <br />elsewhere in the application regarding the proposed commencement and completion of <br />mining activities at NHN. Please revise the text of section 2.03.8 to be consistent with the <br />schedule and acreage described elsewhere in the permit application. <br />2.03.9 — Personal Injury and Property Damage Insurance Information <br />1. The insurance certificate, in Attachment 2.03.9 -1, has not yet been provided. An insurance <br />certificate meeting the requirements of Section 2.03.9 must be submitted to the Division <br />prior to issuance of the permit. <br />2.03.10 — Identification of Other Licenses and Permits <br />The formatting of the information provided in this section is confusing. It appears that the <br />applicant may have intended to break out the permits into Federal, State and Local agencies. <br />a) Please review the format of the information provided, and revise as appropriate to bring <br />clarity. <br />b) WFC must have all necessary permits in place before disturbance can be initiated. <br />2. Federal Licenses and Permits <br />a) The E.P.A. and NPDES permit are both listed on page 11, under Federal permits. This <br />would seem to be incorrect, as discharge permits for Colorado are issued by the Water <br />Quality Control Division (WQCD) of the Colorado Department of Public Health and <br />Environment (CDPHE). Please review the list of Federal permits, and delete the EPA <br />and NPDES items from this list, as appropriate. <br />b) The U.S. Army Corps of Engineers ( USACOE) is not included in the list. The Division <br />believes that permits from the USACOE may be required for the haul road crossings of <br />the wetlands within the area to be mined and for the crossing of Tuttle Draw necessary <br />for the Equipment Corridor. Please incorporate any USACOE permits into the list <br />provided in section 2.03.10. <br />3. State Licenses and Permits <br />a) For the Division of Reclamation, Mining and Safety (DRMS) permit, the NHN Mine <br />permit application number has been assigned. Please incorporate permit application <br />number C- 2010 -089 into the text. <br />