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Sixth Adequacy Letter, Amended CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />14. The application identifies at least nine permanent man -made structures located within <br />200 feet of the permit boundary, as follows: County Road 124, a bridge at La Plata River, <br />an overhead power line owned by La Plata Electric Association, an underground <br />telephone line owned by Qwest Communications, two fence lines (Vaught and Olsen), <br />three water wells (O'Donnell, Fagerlin and Linden), and pre- existing 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. <br />The damage compensation agreements prepared by the Applicant reference a different <br />operation by name and permit number. Therefore, the compensation agreements are <br />not acceptable, as they were not executed for the May Day Idaho Mine Complex, Permit <br />No. M- 1981 -185. The application does not satisfy the requirements of Rule 6.4.20(a). <br />Please submit fully executed compensation agreements which correctly identify the <br />appropriate operation by name and permit number, or address these man -made <br />structures through one of the other options specified in Rule 6.4.20. <br />15. The discharge of arsenic to the La Plata River is a pre - permit condition and, as noted by <br />WQCD, the Applicant is required to obtain an individual NPDES permit for the mine <br />drainage. Pursuant to Rule 3.1.5(11), no unauthorized release of pollutants to ground <br />water shall occur from any materials mined, handled or disposed of within the permit <br />area. Pursuant to Rule 3.1.5(3), the Applicant /Operator is obligated to protect off-site <br />areas from damage. Please revise the ground water monitoring plan to add one or <br />more monitoring wells along the eastern side of the La Plata River and immediately up <br />gradient from the domestic wells owned by O'Donnell, Fagerlin and Linden, as necessary <br />to verify compliance with Rules 3.1.5(3), (11) and 3.1.7. <br />10 <br />