Laserfiche WebLink
(e) The various types of Designated Mining Operations are identified in Section <br /> 34-32-112.5, C.R.S. 1984, as amended. Except as to uranium mining <br /> operations designated mining operations exclude operations that do not use <br /> toxic or acid chemicals in processing for purposes of extractive metallurgy <br /> and will not cause acid mine drainage. Any designated mining operation, <br /> including uranium designated mining operations, may seek exemptions <br /> from this status pursuant to Rule 7. <br /> (f) (1) Metal mining operations, permitted under Section 34-32-110, <br /> C.R.S. 1984, as amended, which do not use or store designated chemicals, <br /> shall be excepted from the requirements applicable to Designated Mining <br /> Operations, unless they have a potential to produce acid or toxic mine <br /> drainage in quantities sufficient to adversely affect any person, property or <br /> environment. It shall be the burden of the Operator or Applicant to <br /> demonstrate to the satisfaction of the Office that such potential does not <br /> exist. <br /> (2) The exception set forth in Rule 1.1(20)(f)(1) does not apply to Section 110 <br /> uranium mining operations. However, such operations may apply for an <br /> exemption from Designated Mining Operation status pursuant to the requirements <br /> and procedures set forth in Rule 7." <br /> Rule 1.1(]) provides as follows: <br /> "Acid and Toxic Producing Materials" means natural or reworked earth materials <br /> having acid or toxic chemicals and physical characteristics that, under mining or <br /> post-mining conditions of drainage,exposure,or other processes,produce materials <br /> which contain detrimental amounts of chemical constituents such as acids, bases, <br /> or metallic compounds. <br /> B. Relevant Legislative History of the Mined Land Reclamation Act <br /> The definition of acid or toxic forming materials was added to the Mined Land <br /> Reclamation Act ("MLRA") by S.B. 93-247. The bill was prompted by the disaster at the <br /> Summitville Mine where cyanide used to extract minerals was released into the Alamosa River. <br /> Colorado Min. Assn v. Bd. of Cty. Commis of Summit Cly., 199 P.3d 718, 727 (Colo. 2009). <br /> JT]he purpose" of the 1993 amendments "was to ensure that mining operations utilizing toxic or <br /> acidic chemicals would receive increased regulatory oversight under the MLRA." Id. To achieve <br /> 8 <br />