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4 <br /> 5 . FORMAL PUBLIC HEARING <br /> CRIPPLE CREEK & VICTOR MINING COMPANY File No. M-80-244 <br /> Staff referenced a proposed Order setting the procedure for <br /> the hearing, stated that it was developed during an Informal <br /> Conference and recommended that it be adopted by the Board. <br /> Board Chairman Stewart read the list of parties contained in <br /> the proposed Order, including the operator, Fad Mills and <br /> Charles Dager. She said that according to the Order, the <br /> following issues would be considered by the Board: 1) the <br /> potential impact of blasting to structures in the Town of <br /> Victor; 2) ground and surface water hydrology- -the potential <br /> for flooding of the mining plains; the Dolly Varden and Moffat <br /> Tunnel; and 3) the impact to the access of Mr. Mills' mining <br /> property, due to the proposed haul road. <br /> The Board adopted the Order setting the Procedure for the <br /> Hearing. <br /> Staff presented a September 20, 1993 memo to the Board and <br /> said that this matter related to an amendment application the <br /> operator submitted which would consolidate six existing <br /> permits and expand their heap leach operation. Staff said <br /> that if the amendment is approved, the acreage included in the <br /> permit would total about 1, 051. Staff said the amendment <br /> would cause the continuation or expansion of an existing leach <br /> pad. <br /> The operator submitted the permit amendment to the Division on <br /> August 24, 1992, and the Division' s first adequacy letter was <br /> mailed to the operator on November 23, 1992 . The Division <br /> received objection letters from the Citizens of Victor on <br /> November 1, 1992, which related concerns with the size of the <br /> operation, potential impacts to their property and the Town, <br /> before and after mining, safety and land restoration. The <br /> objection was withdrawn on February 22, 1993, with the <br /> Citizens of Victor stating that they had resolved their <br /> concerns regarding the amendment. <br /> An objection letter was faxed from Mr. and Mrs. Fad Mills, <br /> owners of American Rare Minerals, which is a small leach pad <br /> operation located adjacent to the proposed operation. Staff <br /> said the unresolved objection from the Mills related to a <br /> concern with access to their property. <br /> A fax was received on November 4, 1992, from Dr. Prosteka, <br /> representing the Ute Preservation Society, stated that they <br /> were concerned with the potential for acid mine drainage, acid <br /> producing materials, wind erosion, ground water, etc. The <br /> Division received a letter from Dr. Prosteka on January 1, <br /> 1993, which stated that he had reviewed the application and <br /> found the problems he cited earlier to be nonexistent and, <br /> therefore, was withdrawing his objection. <br />