The Plum Mining Company, LLC Appeal -- Mercury Operating Permit to Construct
Phase 2 AP1041-2690, FIN A0404

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Note — This Appeal has been Withdrawan

On July 27, 2011 the State of Nevada Division of Environmental Protection - Bureau of Air Pollution Control (NDEP-BAPC) through the Nevada Mercury Control Program (NMCP) provided notice of its response to comments on the above referenced draft Mercury Operating Permit to Construct. On this same date NDEP-BAPC announced issuance of the above referenced final Mercury Operating Permit to Construct to the Plum Mining Company LLC. With this announcement the agency also advised interested parties of their rights to appeal to the State Environmental Commission (SEC) as allowed under Nevada Revised Statutes (NRS) 445B.360 and the SEC's administrative rules.

On August 5, 2011 the SEC was given an un-signed hand delivered letter from the Comstock Residents Association (CRA). This un-signed letter constitutes an appeal of the above referenced Mercury Operating Permit to Construct issued to the Plum Mining Company LLC by NDEP-BAPC.

Following receipt of the appeal (see below) on August 10, 2011 the SEC sent the CRA a letter requesting the name and phone number of a contact person who might represent the CRA in the appeal process. The SEC's letter (below) included a copy of the SEC's rules of practice and it also asked if the association would be represented by counsel.

On August 8th 2011 the SEC received a motion to dismiss the appeal or alternatively for a briefing schedule - the motion, which is also available below was submitted by the Attorney General Office - i.e., counsel to NDEP. Finally, on August 17, 2011 the SEC sent a letter (below) advising Plum Mining LLC of their right to intervene in the referenced appeal.

On August 22, 2011 the SEC received an email from the CRA withdrawing the above referenced appeal. The SEC formally acknowledged the withdrawal of the appeal in letter to CRA on the same date; the letter from the SEC is noted below.

Appeal Documents

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   John B. Walker