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Third Adequacy Letter, Amended CN-01 112 <br />May Day Idaho Mine Complex <br />Exhibit M - Other Permits and Licenses, Rule 6.4.13 <br />30. Previously, the Division stated the Water Quality Control Division (WQCD) of Colorado <br />Department of Public Health and Environment had informally indicated a Colorado <br />Discharge Permit System (CDPS) permit would be required for the discharge associated <br />with the Idaho No. 1 Adit. The Division informed the Applicant of the Division's policy to <br />not approve any application which indicates a perpetual water treatment liability. The <br />Division requested the Applicant to address the potential for perpetual water treatment <br />liability. Pursuant to Rule 3.1.6(1)(b), the Division required the Applicant to obtain a <br />CDPS permit or a letter from WQCD stating a CDPS permit is not required. <br />The Applicant's response does not adequately demonstrate that there is no potential for <br />perpetual water treatment. As noted by Mr. Bird, the information provided is not <br />adequate to describe or address potential impacts to ground water and the Division <br />does not agree with the Applicant's assertion that the underground disposal of tailings <br />mitigates all potential impacts to surface and ground water quality. <br />Pursuant to Rule 3.1.6(1)(b), the Division requires the Applicant to obtain a CDPS permit <br />or a letter from WQCD stating a CDPS permit is not required. <br />Exhibit T - Permanent Man-made Structures, Rule 6.4.20 <br />31. The application identifies at least nine permanent man-made structures located within <br />200 feet of the permit boundary. According to the application these structures include <br />County Road 124, a bridge at La Plata River, an overhead power line owned by La Plata <br />Electric Association, an underground telephone line owned by Qwest Communications, <br />three water wells (O'Donnell, Fagerlin and Linden), two fence lines, and pre-existing <br />access roads. <br />Pursuant to Rule 6.4.20, the Applicant shall provide information sufficient to <br />demonstrate that the stability of any structures located within 200 feet of the permit <br />boundary will not be adversely affected. If the Office determines that such information <br />is inadequate to demonstrate that the operation will not adversely affect the stability of <br />any significant, valuable and permanent man-made structure, the Applicant shall either: <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.