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CDRMS 2 <br /> November 24,2020 <br /> extraction of construction material where there is no development or extraction of any <br /> mineral. <br /> 34-32-103(1.5): "Affected land" means the surface of an area within the state where a <br /> mining operation is being or will be conducted, which surface is disturbed as a result of <br /> such operation. Affected lands include but shall not be limited to private ways, roads, <br /> except those roads excluded pursuant to this subsection (1.5), and railroad lines <br /> appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; <br /> refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; <br /> tailings ponds or dumps; work, parking, storage, or waste discharge areas; and areas in <br /> which structures, facilities, equipment, machines, tools, or other materials or property <br /> which result from or are used in such operations are situated. All lands shall be excluded <br /> that would be otherwise included as land affected but which have been reclaimed in <br /> accordance with an approved plan or otherwise, as may be approved by the board. <br /> Affected land shall not include off-site roads which existed prior to the date on which <br /> notice was given or permit application was made to the office and which were <br /> constructed for purposes unrelated to the proposed mining operation and which will not <br /> be substantially upgraded to support the mining operation or off-site groundwater <br /> monitoring wells. <br /> Our interpretation is that our operation consists of environmental remediation/restoration and <br /> does not fit the definition of Affected Land or Mining Operation. We do however consider that <br /> stormwater management, and air pollution emission regulations will apply to the operation. <br /> UMC commit to permit and follow these mandates. <br /> UMC, on behalf of CJK Milling Company, LLC (the owner of all assets referenced in this letter) <br /> we request that the Division consider and agree that our planned environmental/remediation <br /> and restoration operation does not, in fact, qualify as a Mining Operation. <br /> Questions you may have will receive immediate attention. Please do not hesitate to contact me <br /> at 303-947-3499, or via email at nmichael(a)unionmillina.com if I can be of assistance. <br /> Sin c y, <br /> Nick Michael <br /> Manager, UMC <br /> cc: Dustin Czapla, CDRMS <br /> GKnippa, CJK Milling Company, LLC <br /> SCraig, UMC <br /> GSlifka, UMC <br />