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MARCH 24, 2011 <br />MAY DAY MINE - SUBMITTAL 1 REVIEW <br />PAGE 3 OF 5 <br />C. Access Between County Road 124 (CR 124) and River Crossing / Historic Road <br />Three options have been discussed for access from CR 124 to the La Plata River Crossing to the <br />historic access road that was discussed immediately above: <br />¦ The unpermitted access road (also discussed above) <br />¦ An access via USFS, land approximately 700 feet north of the unpermitted access (ie: "secondary <br />access" on "Total Operational Area" figure). <br />¦ An access via USFS, land approximately 1,500 feet north of the unpermitted access <br />The unpermitted access is on a steep grade with steep embankments directly adjacent to wetlands. It <br />was constructed in the absence of engineering design, specifications, and testing. The road is <br />currently failing and threatens to erode into the adjacent wetlands. Whether the road is safe for <br />passenger travel has not been addressed. <br />The USFS accesses are also steep in isolated portions. They are, however, already well-established. <br />Using these roads could have less overall impact to the environment and provide greater safety to <br />users than does the existing unpermitted access road. It is understood that obtaining a USFS permit <br />could take a couple of years and would be limited to the existing owners and operation and would <br />have to be re-obtained were the May Day mine transferred to a new owner. <br />D. Variance to County Road Standards <br />La Plata County Land Use Code (LPLUC) has only one set of road standards that apply to all projects. <br />For any road grades of greater than 8-10% or less than 18-24 feet in width (depending on the project), <br />a variance will be needed. Because it is technically infeasible for the proposed access roads to meet <br />those standards, the proposed project will meet one of the primary criteria for a variance. While <br />solely the Board of Adjustment makes the decision regarding a variance, engineering staff would <br />support a variance dependant on the following: <br />1. Engineering plans showing the road is safe for its intended uses (e.g. passenger vehicles, <br />emergency vehicles, concrete trucks, sanitary pumping trucks, as applicable), stable, and not a <br />threat to adjacent wetlands. The plans need to include detailed topography, road plans and profile, <br />road cross-sections, drainage, material specifications, structural specifications, materials and <br />compaction testing, and other critical design components. The plans need to be sealed by a <br />Professional Engineer registered in the State of Colorado. <br />2. Written justification regarding safety of the road based on standard practices at mining operations. <br />This may reference MSHA or other relevant agency regulations and review. <br />3. DRMS approval of the road plans <br />4. Meeting of all seven criteria as outlined in LPLUC 66-26 <br />E. Water Supply <br />The permit application addresses water rights for the project, but additional information is needed <br />regarding proven water supply and projected water demand. Thus, aquifer pump tests and a <br />comprehensive water balance are needed. <br />Water quality is of primary concern to the County - with respect to both stormwater and mining <br />operations. The County is following State Division of Reclamation, Mining and Safety (DRMS), <br />PLANNING DEPARTMENT • 970.382.6263. • 1060 E. 2ND AVE. • DURANGO, COLORADO • 81301