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Rationale for Conditional Approval of CN -01
<br />May Day Idaho Mine Complex, M- 1981 -185
<br />The Division determined the proposed mining operation qualified as a Designated Mining
<br />Operation, and as such is subject to the most stringent environmental protection requirements
<br />available in the Act and Rules. The Applicant agreed with the Division's determination and
<br />submitted the appropriate application form, paid the appropriate review fee, and submitted an
<br />Environmental Protection Plan, as required for all Designated Mining Operations located in
<br />Colorado.
<br />3. Concerns regarding the operation being incompatible with nearby residential and
<br />recreational areas. Concerns regarding adverse impacts to the visually appealing
<br />landscape. Concerns regarding adverse impacts to tourism and the local economy.
<br />Concerns regarding hours of operation, days of operation, traffic, noise pollution, sight
<br />pollution and quality of life. (Aweida, Banton, Giovanniello, Harshman, Hughes,
<br />Karts, Kraus, Olson, Perkins, Peters, Petersen, Polich, Steele and Vigil)
<br />In these proceedings, the Division's jurisdiction is limited to enforcement of the specific
<br />requirements of the Act and Rules. The Division considers all timely submitted comments in its
<br />review, but can address only the issues that directly relate to the specific requirements of an
<br />application, as stated in the Act and Rules.
<br />The Act and Rules do not specifically address issues regarding zoning and land use, impacts to
<br />visually appealing landscapes, tourism and impacts to local economy, hours and /or days of
<br />operation, noise and sight pollution, and quality of life. Such issues are typically addressed at
<br />the local government level and not at the State government level. Please direct such concerns
<br />to the La Plata County permitting process.
<br />4. Concerns regarding the post- mining land use being inappropriate. (Aweida and
<br />Hughes)
<br />Rule 3.1.1 addresses establishing the post- mining land use. Rule 3.1.1(1) and (2) states that in
<br />consultation with the Landowner, where possible, and subject to the approval of the Board or
<br />Office, the Operator shall choose how the affected lands shall be reclaimed. These decisions
<br />can be for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses,
<br />including food, shelter and ground cover for wildlife. The results of these decisions shall be
<br />formulated into a reclamation plan, as specified in Rule 6.3.4 or 6.4.5, as required for the size
<br />and type of operation.
<br />The post- mining land use is the beneficial final land use selected by the Applicant. The
<br />reclamation plan must support the post- mining land use. As indicated in the application for CN-
<br />01, the Applicant has selected to reclaim affected lands to support recreation post- mining land
<br />use, which is one of the acceptable options provided under Rule 3.1.1(1). The Division has
<br />reviewed the permit application and has determined the selected post- mining land use is
<br />appropriate.
<br />5. Concerns regarding water rights and compliance with water laws. ( Aweida, Division of
<br />Water Resources, and Hughes)
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