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1 <br /> J Union Milling Contractors <br /> P.O.Box 620490 <br /> Littleton,CO 80162-0490 <br /> +1.303.947.3499 <br /> November 24, 2020 <br /> John Singletary-Board Chairman <br /> Colorado Mine Land Reclamation Board <br /> Department of Natural Resources 2a <br /> 1313 Sherman St., Room 215 <br /> Denver, CO 80203 <br /> Ph: 303-866-3567 <br /> RE: Arkansas Valley Slag I Permit Clarification Request <br /> Mr. Singletary, <br /> Union Milling Contractors (UMC) represents CJK Milling Company LLC (CJK) and is assisting <br /> CJK with the development of the Arkansas Valley Slag (AVS) Project to commercial production. <br /> The AVS consists of historic slag piles previously used as aggregate material. These slags <br /> were part of EPA's California Gulch Superfund, under Operating Unit 3 (OU3) until being <br /> recently released. CJK intends to develop these slags under EPA's RoD. <br /> Permit Clarification Request <br /> UMC believe this slag material not considered mining under the mining Statute or regulation. <br /> The AVS is located about 2 miles West of Leadville on US Highway 24. AVS slag coordinates <br /> are: N39°13' 56.41", W106'19' 14.39". <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 /> coal; the extraction of geothermal resources; smelting, refining, cleaning, preparation, <br /> transportation, and other off-site operations not conducted on affected land; or the <br />