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�V <br /> \v <br /> Union Milling Contractors <br /> P.O.Box 620490 <br /> Littleton,CO 80162-0490 <br /> //'' +1.303.947.3499 <br /> REVEIVEo <br /> DEC a 2 2020 <br /> DIVISION OF RECLAMATION <br /> November 24, 2020 MINING AND SAFETY <br /> John Singletary-Board Chairman <br /> Colorado Mine Land Reclamation Board <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 <br /> Denver, CO 80203 <br /> Ph: 303-866-3567 <br /> RE: Penn Mine I Permit Clarification Request <br /> Mr. Singletary, <br /> Union Milling Contractors (UMC) continues working on the 112 Amendment Application for <br /> M1990-057, Leadville Mill (the Mill). Metallurgical test work to confirm the process flowsheet <br /> continues, and once completed will allow us to properly complete the permit document for <br /> submittal to the Division. <br /> Permit Clarification Request <br /> This memo is in reference to the Penn Mine (P2020-004), the initial source of Mill process <br /> material, for which we believe is not considered mining under the mining Statute or regulation. <br /> The Penn Mine is an historic (late 19th- and early 20th- century operation) located on Breece Hill, <br /> about 2 miles East of Leadville, and about 6 miles from the Mill. Mine entrance coordinates are: <br /> N39015' 00.99", W106014'50.24". <br /> Having reviewed the regulations, UMC interpret that per Rule 1.2.1 reference of C.R.S., Section <br /> 34-32-103(8) these projects do not require a Reclamation Permit but falls under the purview of <br /> Lake County's regulatory code and the Colorado Department of Public Health and the <br /> Environment (air and water).. <br /> Rule 1.2.1 — Specified by Rule: The Board has determined that certain types of <br /> activities do not need reclamation permits either because the excavated substance is not <br /> a mineral as defined in Section 34-32-103(7), Colorado Revised Statutes 1984, as <br /> amended or because the activity is not a mining operation as defined by Section 34-32- <br /> 103(8), C.R.S. 1984, as amended. <br /> 34-32-103(8): "Mining operation" means the development or extraction of a mineral from <br /> its natural occurrences on affected land. The term "mining operation" includes, but is not <br /> limited to, open mining, in situ mining, in situ leach mining, surface operations, and the <br /> disposal of refuse from underground mining, in situ mining, and in situ leach mining. The <br /> term "mining operation" also includes the following operations on affected lands: <br /> Transportation; concentrating; milling; evaporation; and other processing. The term <br /> "mining operation" does not include: The exploration and extraction of natural petroleum <br /> in a liquid or gaseous state by means of wells or pipe; the development or extraction of <br />