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Mr. Layne
<br />September 6, 2013
<br />Page 2
<br />MTAA has asserted that the Division has sole and exclusive jurisdiction to issue a reclamation permit for
<br />the proposed project. The Division's response is that MTAA is correct that the Mined Land Reclamation
<br />Board does have the exclusive jurisdiction to issue a reclamation permit for the mining operation. But a
<br />reclamation permit is only one piece of a regulatory oversight required for any mining operation. Neither
<br />the Board nor Division has jurisdiction to enforce any other local, state, or federal laws that may be
<br />applicable to the project. Per C.R.S. §34 -32 -115: Action by board: (4) The board or the office shall grant
<br />a permit to an operator if the application complies with the requirements of this article. The board or the
<br />office shall not deny a permit if the operator demonstrates compliance with the following:(c) (I) No part
<br />of the proposed mining operation, the reclamation program, or the proposed future use is or may be
<br />contrary to the laws or regulations of this state or the United States, including but not limited to all
<br />federal, state, and local permits, licenses, and approvals, as applicable to the specific operation. (II) The
<br />board may require a statement by the applicant identifying which permits, licenses, and approvals the
<br />applicant holds or will be seeking for the proposed mining and reclamation activities. Pursuant to this,
<br />MTAA would have to demonstrate compliance with other local, state and federal laws, which would
<br />include but may not be limited to: a) gaining the proper Conditional Use Permit through the City of
<br />Leadville; b) gaining approval from the Colorado Department of Public Health and Environment to
<br />conduct the activities as required by the City of Leadville's Ordinance 3, Series of 2013; and c) gaining
<br />other approvals such as air, water discharge, and transportation permits. Without all other necessary
<br />local, state, and federal permits MTAA could not proceed with any disturbances on the proposed affected
<br />lands. To do so would be a violation of the Colorado Mined Land Reclamation Act, C.R.S. §§ 34 -32-
<br />101, et seq., and subject MTAA to enforcement action, which may include civil penalties, a cease and
<br />desist order, and corrective actions.
<br />The Division has expended a large amount of time reviewing the proposed project over the past year as a
<br />courtesy to MTAA. Based on the information supplied the Division has made a determination that
<br />the proposed project requires a DMO permit. The Division must insist that MTAA submit an
<br />appropriate 1 IOd or 112d application with the correct fees for any further review. The application must
<br />include all the necessary exhibits including components of an EPP, public and adjacent landowner
<br />notices, as well as notice to other jurisdictional agencies to be considered complete for the Division's
<br />review. The Division has fielded inquiries from the Town of Leadville, CDPHE, and EPA regarding
<br />MTAA's specific proposal and has forwarded a copy of this letter of determination to the agencies for
<br />their records.
<br />If you need additional information please visit our website at b=: / /mining.state.co.us. You may also
<br />contact me directly at the Division of Reclamation, Mining and Safety, Grand Junction Field Office, 101
<br />S. 3rd St., Suite 301, Grand Junction, Colorado 81501, by telephone at 970.241.1117, or by e -mail at
<br />russ.means(a state.co.us.
<br />Sincerely,
<br />A 4d er)4-c
<br />G. Russell Means
<br />Senior Environmental Protection Specialist
<br />West Slope Field Office Supervisor
<br />Cc: Tony Waldron, Minerals Program Supervisor
<br />Julie Murphy, DRMS Counsel, AGO
<br />Dustin Czapla, EPS, Grand Junction
<br />Craig Gander, CDPHE, Denver
<br />Linda Kiefer, EPA Region 8
<br />Amanda Redd, Town of Leadville
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