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other items necessary to gain compliance with other agencies (limited and to be approved by <br />the Division in advance). <br />Due to the Division's recommendation for partial approval with conditions, the Applicant's <br />permissible activities on site will be limited in scope and subject to additional scrutiny, <br />discussion and regulation from the Division. <br />Recommended Conditions for Approval of CN -01 <br />A Closely Regulated Process <br />Rationale for Conditional Approval of CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />Pursuant to Rule 1.4.1(12), a condition or limitation to approval of the application, unless <br />consented by the Applicant, shall be treated as a denial. Therefore, if the Applicant rejects any <br />of the following conditions for approval, or portions of a condition, the Division's <br />recommendation, by operation of Rule, automatically becomes a recommendation for denial of <br />CN -01. <br />Each of the recommended conditions for approval requires the permit holder to resolve the <br />adequacy issues identified by the Division through the Technical Revision or Amendment <br />process, to occur subsequent to the approval and issuance of CN -01. The Technical Revision <br />process is defined under Rules 1.1(52) and 1.9. The Amendment process is defined under Rules <br />1.1(6) and 1.10. The Division will determine whether a submittal constitutes an Amendment or <br />a Technical Revision. <br />The Permittee shall not request the Division to review multiple Technical Revisions <br />simultaneously. If the Permittee desires to address multiple conditions simultaneously, the <br />Permittee shall submit the request for review as an Amendment and such review shall occur <br />through the Amendment process. <br />1. Mining and milling activities may not commence until the Division receives and <br />approves, through the Technical Revision or Amendment process, a revised work plan <br />addressing the stabilization and reclamation of the New Access Road, and the Division <br />approves the as built certifications submitted subsequent to the completion of the <br />approved plans. The New Access Road was constructed illegally and addressed under <br />Violations MV- 2009 -007 and MV- 2009 -033. The Operator may not utilize the road for <br />vehicular access or to otherwise advance the mining operation until fully approved by <br />the Division through the appropriate processes outlined in the Act and Rules and this <br />condition for approval of CN -01. <br />This issue may require coordination with other agencies, including but not limited to, La <br />Plata County, the Water Quality Control Division (WQCD) of the Colorado Department of <br />Public Health and Environment, the US Army Corps of Engineers (COE), the US <br />Environmental Protection Agency (EPA), and the US Forest Service (USFS). <br />2. Mining and milling activities may not commence until the Division receives and <br />approves, through the Technical Revision or Amendment process, the revised work <br />13 <br />