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Preliminary Adequacy Issues for CN-01 19 <br />May Day Idaho Mine Complex <br />(a) Provide a notarized agreement between the Applicant and the person(s) having <br />an interest in the structure, that the Applicant is to provide compensation for <br />any damage to the structure; or <br />(b) Where such an agreement cannot be reached, the Applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall <br />not be damaged by activities occurring at the mining operation; or <br />(c) When such structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and <br />reclamation activities, as proposed, will have "no negative effect" on their utility. <br />The application included a written statement from La Plata Electric Association, which <br />satisfies the requirements of Rule 6.4.20(c) for the overhead power line. However, for <br />the remaining structures the application attempts to satisfy the requirements of Rule <br />6.4.20 with cursory statements of assurance that such structures will not be affected. <br />In a letter of objection to CN-01, submitted by Dave and Erin Linden, dated February 27, <br />2011, the Linden's indicate the location of their well as being within 100 feet of the <br />illegal access road. The Linden's expressed concern regarding the transporting of toxic <br />chemicals and fuels in close proximity to their well. The Linden's suggest their well has <br />already been adversely impacted by construction and use of the illegal access road. <br />The Division has determined that superficial statements of assurance are inadequate to <br />demonstrate compliance with Rule 6.4.20. Pursuant to C.R.S. 34-32-115(4)(d), the <br />Division requires the Applicant to submit a damage compensation agreement for each <br />of the permanent man-made structures located within 200 feet of the boundary of <br />affected lands in accordance with Rule 6.4.20(a). If the Applicant can demonstrate that <br />such agreements have been reasonably pursued but not achieved, the Office may <br />accept an engineering evaluation that satisfies the requirements of Rule 6.4.20(b). <br />Alternately, if the structure is a utility, the Office may accept the notarized letter on <br />utility letterhead in accordance with Rule 6.4.20(c). Please address the requirements of <br />Rule 6.4.20. <br />Exhibit U, Designated Mining Operation Environmental Protection Plan, Rule 6.4.21 <br />32. Please submit the maps required under Rule 6.4.21(2). <br />33. Please submit a scaled drawing of the mill facility, labeling all components of the <br />operation and locations of storage and use of industrial and designated chemicals. <br />34. The application indicates the mill tailings will be dewatered with cyclones and 75% of <br />the process fluids will be recycled. Please describe the storage location for the recycled <br />process water and illustrate them on the scaled drawing of the mill facility. Please <br />provide the demonstrations required under Rule 6.4.21(7)(f).