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Preliminary Adequacy Issues for CN-01 2 <br />May Day Idaho Mine Complex <br />The Operator has attracted the regulatory attention of other state and federal agencies. The <br />Division is coordinating its review of CN-01 with these agencies in an attempt to minimize <br />conflict resulting from redundant enforcement actions being issued by multiple agencies. <br />Therefore, the application for CN-01 is beyond what the Division considers to be a typical <br />application and must involve additional professional staff or outside agency expertise in the <br />review process. Pursuant to Rule 1.1(10), and paragraph (3) of the Joint Stipulation, the <br />Division has determined CN-01 to be a complex application and has extended the decision date <br />from April 11, 2011, to May 2, 2011. <br />Please be advised that CN-01 may be deemed inadequate and may be denied on May 2, 2011, <br />unless the adequacy review items, listed below and in the three attached review <br />memorandums from Peter Hays and Tim Cazier, can be addressed to the satisfaction of the <br />Division. Subsequent to receipt and review of the Applicant's response to these items the <br />Division may identify additional items. <br />Preliminary Adequacy Issues for CN-01 <br />During a July 21, 2010 pre-application meeting, the Division clarified many of the details and <br />demonstrations which CN-01 must provide. Still, the application for CN-01 is conceptual in <br />nature and lacks the details and demonstrations required by the Act and Rules. The application <br />appears to contradict itself at numerous locations and with sufficient frequency to confuse <br />what is intended. With this first adequacy letter the Division's focus is broad and somewhat <br />superficial. It is the Division's hope that in responding to these preliminary adequacy items, the <br />Applicant can tighten the application to clearly describe what is intended. Only then can the <br />Division narrow its focus to the technical details and, with the Applicant's cooperation, <br />ultimately render a favorable recommendation for CN-01. <br />Public Notice <br />1. Please provide proof of publication of the newspaper notice required by Rules <br />1.6.2(1)(d) and 1.6.5(1). <br />2. Please provide proof of notice to all Owners of Record of the surface and mineral rights <br />of the affected land and the Owners of Record of all land surfaces within 200 feet of the <br />affected land boundary, required by Rules 1.6.2(1)(e)(i) and (ii). <br />Maps - Rules 6.2.1(2), 6.4.3, 6.4.4, and 6.4.6 <br />3. Pursuant to Rule 6.2.1(2)(d), all maps of the application must identify and outline the <br />permit boundary and the boundary of affected lands. Please revise all maps of the <br />application to include within the boundary of affected lands the illegal access road from <br />County Road 124 to the bridge, the bridge, the eleven drill pads, and any new roads to <br />be constructed to access the drill pads.