2013-09-12_PERMIT FILE - M2012028

• Permit No: M2012028
• IBM Index Class Name: PERMIT FILE
• Doc Date: 9/12/2013
• Doc Name: Determination of DMO Permit
• From: DRMS
• To: MTAA, LTD
• Email Name: GRM
• Email Name: DMC
• Email Name: AJW
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 12, 2013
Michael Layne
MTAA, LTD
2819 Highway 50, Suite E -9
Grand Junction, CO 81503
STATE OF COLORADO
COLORADO
D I V 15 I O N OF
RECLAMATION
MINING
-- tSt:-
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pirieda
Director
Re: Apache Tailings Project, Reference Number M -2012 -028, Designated Mining Operation
Determination
Dear Mr. Layne:
Over the course of the past year MTAA has supplied information to the Division of Reclamation, Mining
and Safety (Division) regarding a proposed mining operation at the Apache Tailings Project located in
Leadville, CO. The site was formerly listed on the National Priorities List pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601, et seq. As
presented through various documents that have changed the scope of the proposed mining operation, the
current proposal is to remove capped tailings from the property for shipment to an undetermined site for
processing and the manufacture of building bricks. As originally proposed, the mined material would be
processed and made into bricks on -site, but MTAA has since withdrawn on -site processing and
manufacture from the plans.
Per C.R.S. � 34 -32 -103, Definitions: (8) "Mining operation" means the development or extraction of a
mineral from its natural occurrences on affected land and includes transportation and surface operations.
A more detailed plan submitted and received on August 21, 2013 noted that MTAA would remove
tailings from the site and transport the tailings to another location for processing and manufacture.
MTAA has provided no details regarding where the other location is or what processing or clean -up will
take place at the other location. The plan specifically notes additional earthen materials will be "removed
below grade [of the tailings] at a depth yet to be determined ". By definition the proposal is a mining
operation that requires a reclamation permit issued by the Mined Land Reclamation Board (MLRB).
Lab results of the materials to be removed in the proposed mining operation that MTAA supplied to the
Division on May 21, 2013 clearly show high pyritic and sulfide levels along with a myriad of other heavy
metals. Per C.R.S. � 34 -32 -103, Definitions: (1) "Acid or toxic producing materials" means natural or
reworked earth materials having acid or toxic chemical and physical characteristics. Clearly the lab
results show the materials that MTAA proposes to mine meet this definition as an acid or toxic material.
Per C.R.S. § 34 -32 -103, Definitions: (3.5) (a) "Designated mining operation" (DMO) includes mining
operation at which: (I) Toxic or acidic chemicals used in extractive metallurgical processing are present
onsite; or (II) Acid- or toxic - forming materials will be exposed or disturbed as a result of mining
operations. Therefore the Division has determined that the proposed mining operation meets the criteria
of DMO because MTAA's proposed mining operation would disturb or expose acid- or toxic - forming
materials. Any application for the proposed activity shall meet the requirements of C.R.S. §34- 32- 112.5:
Designated mining operation — rules, and include an Environmental Protection Plan (EPP) pursuant to
C.R.S. § 34 -32- 116.5: Environmental protection plan and Rule 6.4.21: EXHIBIT U - Designated Mining
Operation Environmental Protection Plan.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Duranxao Active and Inactive Mines