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Before the Board of Oil, Gas and Mining Department of Natural Resources State of Utah

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Before the Board of Oil, Gas and Mining Department of Natural Resources State of Utah BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH EXHIBIT LIST FOR Utah Division of Oil, Gas and Mining COUNSEL Melissa L. Reynolds, Esq., Assistant Attorney General, Natural Resources Division Board Hearing: February 22, 2017 Docket No. 2017-004 Cause No. M1049/0047 and M1049/0062 Offered as Admitted as Exhibit # Description: Division's Exhibits Evidence Evidence Exhibit A Photographs of headframes ./ ./ Exhibit B Photographs of two shafts ./ ./ Exhibit C Photographs of buildings ./ ./ Photographs of equipment and material in ./ ./ Exhibit D boneyard Exhibit E Photographs of core samples found on site ./ ./ Photographs of hazardous and potentially Exhibit F ./ ./ hazardous material Exhibit G Photograph of the Zuma Clay Pit ./ ./ Page 1 of 1 Steven F. Alder (No. 0033) Melissa L. Reynolds (No. 15718) Meg Osswald (No. 16125) F I LED Assistant Attorneys General Sean D. Reyes (No. 7969) FEB 08 2017 Utah Attorney General SECRETARY, BOARD OF 1594 W. North Temple, Suite 300 OIL, GAS & MINING Salt Lake City, Utah 84116 Tel: (801) 538-7227 Attorneys for Utah Division ofOil, Gas and Mining BEFORE THE UTAH BOARD OF OIL, GAS AND MINING IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF DIVISION RESPONSE CHIEF CONSOLIDATED MINING AND EXHIBITS COMPANY WITH RESPECT TO MINING PERMIT NOS. LIME PEAK QUARRY, PERMIT NO. Ml04910047 Docket No. 2017-004 AND TINTIC OPERATIONS, PERMIT Cause No. Ml04910047 and NO. Ml04910062 Ml04910062 OPERATING WITHIN JUAB AND UTAH COUNTIES, UTAH The Division of Oil, Gas and Mining (the "Division") respectfully submits its Response and Exhibits regarding the Request for Agency Action (the "Request") filed by Chief Consolidated Mining Company ("Chief'), which will be heard at the February 22, 2017 hearing of the Board of Oil, Gas and Mining (the "Board"). I. RESPONSE The Division does not oppose Chief s Request, which seeks a continued suspension of operations. Although the two mines at issue have been in continued suspension for more than ten years, the Division believes that, in this case, it is proper for the Board to permit a deviation from Utah Administrative Code Rule 647-4-117.4, as authorized by Rule 641-100-400. As will be discussed by both Chief and the Division at the hearing, Chief has cooperated with the Division, and is willing to agree to certain terms and conditions of a continued suspension. Those terms and conditions, which include conducting some immediate reclamation work and providing updated plans to the Division, will be more fully described in the Stipulation the Division and Chief will enter into, as contemplated by Chief s Request. The Division and Chief are currently working toward completion of the Stipulation, and will file it with the Board by February 21, 2017. Given Chief s willingness to come into compliance with the Mined Land Reclamation Act and the Division's Rules, there is good cause to permit a deviation from Rule 647-4-117. In addition, because Chief plans to recommence mining operations at portions of its mine sites, it is impractical to require complete reclamation pursuant to Rule 647-4-117 at this time. As such, the Board should permit a deviation from Rule 647-4-117 and grant Chief s Request for an additional suspension period, subject to the terms outlined in the forthcoming Stipulation. II. EXHIBITS Pursuant to Utah Administrative Code Rule 641-105-500, the Division also takes this opportunity to submit the Exhibits attached to this Response, intended to be offered into evidence during the February 22,2017 hearing on the above-captioned matter. The Exhibits are a series of photographs, which are separately numbered to facilitate an organized hearing. Respectfully submitted on the 8th day of February, 2017. UTAH OFFICE OF THE ATTORNEY GENERAL Melissa L. Reynolds Meg Osswald Assistant Attorneys General 1594 West North Temple, Suite 300 Salt Lake City, Utah 84116-3154 Tel: (801) 538-7227 Email: [email protected] [email protected] [email protected] Attorneys for the Division of Oil, Gas and Mining EXHIBIT LIST Exhibit A Photographs of headframes Exhibit B Photographs of two shafts Exhibit C Photographs of buildings ExhibitD Photographs of equipment and material in boneyard Exhibit E Photographs of core samples found on site Exhibit F Photographs of hazardous and potentially hazardous material Exhibit G Photograph of the Zuma Clay Pit Exhibit A Exhibit B Exhibit C --- Exhibit D Exhibit E Exhibit F Exhibit G • BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH EXHIBIT LIST FOR Chief Consolidated Mining Company COUNSEL Timothy R. Buchanan, Esq., Secretary, Chief Consolidated Mining Company Daniel A. Jensen, Esq. Parr Brown Gee & Loveless Board Hearing: February 22, 2017 Docket No. 2017-004 Cause No. M/049/0047 and M/049/0062 Offered as Admitted as Exhibit # Description: Petitioner's Exhibits Evidence Evidence Exhibit 1 Vita for Timothy R. Buchanan ./ ./ Exhibit 2 LeadFX Description ./ ./ Exhibit 3 Enirgi Group ./ ./ Exhibit 4 Aerial Photo of Mine Locations ./ ./ 2011-08-16 Approved Reclamation Plan for Chief Exhibit 5 ./ ./ Mine Locations Exhibit 6 2016-10-27 Letter from Division to Chief ./ ./ Exhibit 7 Spreadsheet of Reclamation Actions ./ ./ Stipulation between Chief and the Division - to be Exhibit 8 ./ ./ filed later Record of Decision for Lead Contaminated Soils Exhibit 9 in Operable Units 00, 01 , 02 and 03 of the Eureka ./ ./ Mills Superfund Notice of Federal Lien recorded at the office of ./ ./ Exhibit 10 the Juab County Recorder on December 2,2003 Abstract of Judgment, dated April 28, 2005, and Exhibit 11 recorded at the office of the Utah County ./ ./ Recorder on May 17, 2005 Page 1 of2 Offered as Admitted as Exhibit # Description: Petitioner's Exhibits Evidence Evidence Environmental Covenant entered into on August Exhibit 12 ./ ./ 8, 2006 Notice of Certificate of Release of Federal Lien, Exhibit 13 dated July 6, 2015, and recorded at the office of ./ ./ Juab County Recorder Satisfaction of Judgment, dated May 7, 2015, and Exhibit 14 recorded at the office of the Utah County ./ ./ Recorder Exhibit 15 Letter from Eureka City ./ ./ Page 2 of 2 P. O. Box 156 Phone: 435-433-6915 15 North Church Street Fax: 435-433-6891 Eureka, Utah 84628 Email: [email protected] EUREKA CITY CORPORATION Website: eurekautah.org FILE D February 16,2017 FEB 22 2017 Board of Oil, Gas and Mining SECRETARY, BOARD OF OIL, GAS & MINING Utah Division of Oil, Gas, and Mining 1594 West North Temple, Suite 1210 PO Box 145801 Salt Lake City, UT 84114 Re: Chief Consolidated Mining Company - Request for Agency Action, Docket No. 2017-0004 Dear Members of the Board of Oil, Gas and Mining: Eureka City Corporation has been advised of the Request for Agency Action filed by Chief Consolidated Mining Company. As you are aware, Eureka City is in the heart of the historic Tintic Mining District and has a long and rich history of mining. A significant portion of the land owned by Chief surrounds Eureka City. Eureka City understands that Chief has requested a waiver of the Rules of the Board to allow Chief an additional five-year period for Chief to continue to evaluate options for mining on Chief properties. Before the end of the five-year period, Chief plans on either pursuing mining operations or will begin complete reclamation of the mine sites. Eureka City has long supported mining operations and believes that the requested waiver of the Rules would benefit the community and potential mining operations. Eureka City is also working with Chief on several different issues within Eureka City. Eureka City supports the Request For Agency Action and encourages the Board to approve the Request. Please contain me if you have any comments or questions. Sincerely, Ma r Nick Castleton Eureka City Corporation P. O. Box 156 15 North Church Street Eureka, UT 84628 Tele: 435-433-6915 Email: [email protected] Docket No. 2017-004 Cause No. M/049/00047 and Ml049/0062 Chief Consolidated Mining Company Exhibit 15 FILE D JAN 23 2017 BEFORE THE BOARD OF OIL, GAS AND MINING SECRETARY, BOARD OF DEPARTMENT OF NATURAL RESOURCES OIL, GAS & MINING STATE OF UTAH IN THE MATTER OF THE REQUEST FOR DESIGNATION OF EXHIBITS AGENCY ACTION OF Docket No. 2017-004 CHIEF CONSOLIDATED MINING COMPANY Cause No. M/049/0047 and M/049/0062 WITH RESPECT TO MINING PERMIT NOS. LIME PEAK QUARRY, PERMIT NO. M/049/0047 AND TINTIC OPERATIONS, PERMIT NO. M/049/0062 OPERATING WITHIN JUAB AND UTAH COUNTIES, UTAH CHIEF CONSOLIDATED MINING COMPANY (flChief"L acting in accordance with and pursuant to R641-105-500 of the Utah Administrative Code, hereby files with Board of Oil, Gas and Mining ("Board") the original and fourteen (14) copies of the following proposed exhibits that may be offered by Chief at the hearing on the Request for Agency Action scheduled before the Board on February 22,2017: CHIEF EXHIBIT DESCRIPTION NO. 1 Vita for Timothy R. Buchanan 2 LeadFX Description 3 Enirgi Group Description 4 Aerial Photo of Mine Locations 5 2011-08-16 Approved Reclamation Plan for Chief Mine Locations 6 2016-10-27 Letter from Division to Chief 7 Spreadsheet of Reclamation Actions 8 Stipulation between Division and Chief (Not completed at this time) 9 Record of Decision for Lead CO.ntaminated Soils in Operable Units 00, 01, 02 and 03 of the Eureka Mills Superfund Site (September 2002) 10 Notice of Federal Lien recorded at the office of the Juab County Recorder on December 2, 2003, as Entry No. 233659, in Book 459 at Page 749 11 Abstract of Judgment, dated April 28, 2005, and recorded at the office of the Utah County Recorder on May 17,2005, as Entry No.
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