2011-03-01_REVISION - M1977493 (6)

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Mr. Eric Scott Climax Mine - Response to DRMS Adequacy Review Comments • Permit M-1977-493; Amendment AM-06 March 1, 2011 Page 8 of 16 Response: CIVIC has not yet submitted a final application to the Bureau of Alcohol, Tobacco, and Firearms for an explosives permit. The type of permit required is still under consideration, pending ongoing vendor and subcontractor discussions. In the interim, CIVIC is currently relying on the explosives license held by their blasting subcontractor. Please note that the original submission of Amendment AM-06 was made before the August 2010 amendment of the Hard Rock, Metal, and Designated Mining Operations Rule, effective September 30, 2010. Consequently the Exhibit numbering provided in AM-06 will follow the numbering as provided in the August 2006 amendment to the Rule, wherein Permanent Man-Made Structures was indicated as Exhibit S and the Environmental Protection Plan was provided as Exhibit T. Exhibit T - Permanent Man-Made Structures Exhibit T Comment: 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. Response: The Permanent Man-Made Structure Exhibit (Exhibit S in the application submittal) has been modified to include a list of owners of structures, within two hundred feet of the operation or affected land, meeting the definition of permanent man-made structures, not owned by CIVIC. Each of the identified structures/features has been identified on the revised Figure AM-06-C-01. The list of identified structures and their respective owners is summarized below: • Eagle Park Reservoir (owned by Eagle Park Reservoir Company) • Clinton Reservoir (owned by Clinton Ditch & Reservoir Company) • Power and Gas Infrastructure - multiple electrical transmission lines and substations, and natural gas lines (owned by Xcel Energy) • Columbine Ditch (owned by Fremont Pass Ditch Company) • Highway 91 (owned by the Colorado Department of Transportation (CDOT)) • Communication Line and ancillary structures (owned by Qwest Communications)