2013-10-07_REVISION - C1981025 (8)

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Proposed Decision The Colorado Division of Reclamation, Mining and Safety proposes to approve the application for the renewal of the valid, existing permit. The application was submitted by MINREC, Inc. on December 19, 2012 for the North Thompson Creek Mines. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. Summary The Review Process On August 15, 1983, the North Thompson Creek Mines were issued a permanent program permit (C-1981-025) for a five year term. The Division renewed this Permit for subsequent five-year terms on August 16, 1988, August 15, 1993, August 15, 1998, July 28, 2003 and August 15, 2008. The current five-year term will expire on August 15, 2013. This renewal will expire on August 15, 2018. The mine is no longer producing coal and nearly all of the reclamation work was completed by 1987. On October 29, 2012, the Division notified MINREC that a permit renewal application for a sixth permit term must be submitted no later than February 16, 2013, 180 days preceding the expiration of the permit on August 15, 2013. The application was received at the Division on December 19, 2012 and deemed complete on December 21, 2012. The applicant published a public notice for the permit renewal once a week for four consecutive weeks on December 20, 2012 to January 10, 2013. The Division received no comments concerning this renewal. The preliminary adequacy review letter, in which the Division identified deficiencies in the original renewal application, was sent to MINREC on February 15, 2013. Resolution of the deficiencies was required in order for the Division to make determinations of compliance with the Act. The applicant responded to the comments on March 8, 2013 with the submittal of revised pages to the application. During this permit renewal process, the landowners, North Thompson-Four Mile Mineral and Land Corporation (NTFM), re-configured the water treatment pond’s primary and emergency spillways to divert the water to an off-permit pond. These changes were made without the consultation of MINREC or the Division. NTFM owns the water rights to the mine discharge water treated on-site and were very concerned that treated water may reach the North Thompson Creek. If the treated water reaches North Thompson Creek it becomes property of the state and 2