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Rationale for Conditional Approval of CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />The application satisfied the requirements of Rules 3.1.8, 6.4.8, and 6.4.21, regarding the <br />protection of wildlife. The application materials include recommendations from the Division of <br />Wildlife, as required under Rule 6.4.8(2). <br />21. Concerns regarding copy of the application being not placed at the La Plata County <br />Clerk and Recorder's Office and available for review by the public. (Giovanniello, <br />Harshman, and Vigil) <br />The Division verified the presence of the complete application at the La Plata County Clerk and <br />Recorder's Office. <br />22. Concerns regarding the bridge at La Plata River. Concerns regarding the bridge being <br />not adequate for service vehicles and emergency vehicles. (Aweida, Hughes and Karts) <br />The Division will continue its review of the bridge through follow -up Technical Revisions and /or <br />Amendments subsequent to the approval and issuance of CN -01. <br />23. Concerns regarding an expansion of the mining area. Concerns regarding <br />concentration of mining operations. (Fagerlin, Greaves, Olson, Perkins and Vigil) <br />The application indicates the Applicant has attained a legal right to enter the proposed affected <br />lands and to conduct mining and reclamation activities. The Act and Rules anticipate that <br />public and private lands will be affected where mineable resources exist. The Act and Rules <br />provide reclamation requirements to ensure that affected lands are reclaimed to a beneficial <br />land use. <br />24. Concerns regarding public notice from the Division. (Karts) <br />The Division provided public notice for CN -01 in accordance with the requirements of the Act <br />and Rules. <br />Division's Recommendation for Partial Approval with Conditions <br />The Division's recommendation for partial approval with conditions accomplishes the necessary <br />and important step of incorporating all affected areas into one permit. CN -01, as conditionally <br />approved, delineates a permit boundary and affected lands boundary, as well as ensures, to the <br />extent practicable, protection of off -site man -made structures. In order to address the five <br />violations, and to give the Applicant the ability to address the Division's adequacy issues, this <br />partial approval with conditions allows the applicant to access the New Access Road and the <br />Chief Portal as they are now encompassed within the approved boundary of affected lands; <br />conduct geotechnical work at the May Day 1, Chief Portal and New Access Road as necessary; <br />clean -up of the May Day 1 portal to assess damages and gain information for future work plans; <br />gather baseline information through the installation of groundwater monitoring wells; and any <br />12 <br />