2017-01-27_REVISION - M1990041 - Laserfiche WebLink

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On November 16, 2016, the Colorado Mined Land Reclamation Board found CCCM in violation pursuant to C.R.S. 34-32-117(4)(c)(II) and Rule 4.2.1(2) for failure to provide sufficient financial warranty within 60 days of notification. Mr. Collins was not present at this Board hearing as he had not been notified of the hearing by the DRMS. On November 22, 2016,the DRMS addressed a letter to CCCM, stating: "...you may submit a Technical Revision to demonstrate the mill building is in conformance will[sic] local zoning ordinances... Upon demonstration that the mill building can remain after the life of the mine, the Division will reevaluate the financial warranty estimate." Again, no copy was provided to Mr. Otten's additional contact, Matt Collins. All of the aforementioned history is documented within the M1990-041 permit file which is included herein by reference. 3 Reclamation Plan 3.1 Operator Intent From application through the current day, CCCM has intended for all structures to remain post-reclamation(see pg. D.2, Section 8 of the M1990-041 permit, as approved by the DRMS). Further, this intent has been communicated to, and acknowledged by the DRMS on numerous occasions over the past twenty-six (26) years. At no time, has CCCM indicated that the existing structures and the water treatment plant constructed in 2004 would be removed during reclamation. All documents within the permit file, support this intent until August 22, 2013, when the DRMS unilaterally determined that the water treatment plant was not subject to the "all structures to remain" section of the approved DRMS permit. No mention of the mill building being unilaterally exempted from the approved permit conditions appears in the permit file until May 27, 2016. Additionally, CCCM has disputed the arbitrary and unilateral designation of equipment and supplies located upon the permitted sites as"scrap"and "refuse". CCCM reiterates that the removal of"old equipment"is unnecessary as the post-reclamation land use proposed is and was"industrial and commercial". The storage of"old equipment" would be consistent with the original post-reclamation industrial use and is consistent with the current zoning (see below). It is the intent of the Operator to maintain the site as an example of a working mine/mill in congruence with the City of Black Hawk's desire to "Preserve,protect, and enhance the structures that represent historic, cultural, geographical, or architectural elements of the City's heritage" (Exhibit C)and to "Protect distinctive features of the City's mining heritage, which are a cultural amenity to the community" (Exhibit D). Bates-Hunter Technical Revision(TR-03) Page 8 of 380