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Rationale for Conditional Approval of CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />14. Concerns regarding the collapsed portal. Concerns regarding the safety of mine <br />workers. Concerns regarding compliance with Mine Safety and Health Administration. <br />(Barfoot, Collignon, Filler, Karls, La Plata County Planning Department, Steele and <br />Willis) <br />See Recommended Conditions for Approval, item 3. <br />15. Concerns regarding a tailings pond being located adjacent to the La Plata River and on <br />USFS property. (Giovanniello) <br />There is no tailings pond proposed in the application. There is a proposed augmentation pond, <br />for the storage of water, to be located nearby the Idaho Mine and nearby USFS lands. The <br />Division has not received any comment from USFS, specific to CN -01 and indicating a trespass <br />issue. See Recommended Conditions for Approval, item 6. <br />16. Concerns regarding a permit from the Air Pollution Control Division being for a <br />different site and not applicable to the operation. Concerns for air pollution. (Aweida, <br />Greaves, Hughes) <br />This was a previous adequacy issue and no longer applicable. The Applicant has affirmatively <br />indicated that the operation will comply with Air Pollution Control Division requirements. <br />17. Concerns regarding the absence of enforceable permit conditions in the application. <br />(Greaves) <br />The Applicant corrected the error during the review process, through the exchange of adequacy <br />issues and response to adequacy issues. <br />18. Concerns regarding errors on the application form. (Collignon) <br />As noted in the Division's first adequacy letter, the original application contained numerous <br />inconsistencies and errors. The Applicant corrected the errors during the review process, <br />through the exchange of adequacy issues and response to adequacy issues. <br />19. Concerns regarding the amount of financial warranty required by the Division for the <br />operation. (Giovanniello, Vigil) <br />The Division holds a total financial warranty of $204,562 for the affected lands addressed by the <br />application ($56,233 for M- 2006 -069 and $148,329 for M- 1981 -185). The amount of financial <br />warranty required by the Division will also be further addressed subsequent to the approval <br />and issuance of CN -01. See Recommended Conditions for Approval, item 7. <br />20. Concerns regarding potential impacts on wildlife, endangered species, including Lynx. <br />(Greaves and Polich) <br />11 <br />