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iii iiiiiiiiniu iii ,, <br />STATE OF ~~ <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY ~ <br />Depanmenl of Natural Resources ~ <br />1 31 J Sherman SI.. Room '_1 5 ~ <br />Dcnver, Colorado 80?OJ <br />~ <br />Phone: U0J1 866-7567 <br />fAX:l30JI 8368106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br />July 31, 1997 <br /> Roy Romer <br /> Governor <br /> lames S. Lochhead <br />Mr. Angus Campbell r,KUii°° D're<'or <br />CDPHE-HMWMD Michael B. Long <br />Division Director <br />4300 Cherry Creek Drive South <br />Denver, CO 80222 <br />RE: Review: Superfund Preliminary Site Closeout Report, Smuggler Mountain <br />Superfund Site, Pitkin County, Aspen, Colorado <br />The Colorado Department of Natural Resources, Division of Minerals and Geology (DMG) <br />regulates all mining activities within the state of Colorado. DMG is authorized under Colorado <br />Mined Land Reclamation Act, C.R.S. 34-32-101 et seg., and serves as the technical arm of the <br />Mined Land Reclamation Boazd. The DMG has been asked by the Colorado Department of <br />Public Health and Environment, Hazardous Materials and Waste Management Division, to <br />review the above captioned report, and to evaluate the remedy selection for OU-2. with regazd to <br />the Mined Land Reclamation Act (the Act). <br />The captioned report names some of the key documents that were developed en route to site <br />closeout. The report is thus fairly generic as most of each reports' details aze not discussed. <br />Operable Unit 2 (OU-2) is identical in azea to the active mine currently permitted by the <br />Colorado Mined Land Reclamation Boazd, Permit Number M-95-097, which was issued to <br />Wright & Preusch Mining Ltd on January 17, 1997. OU-2 is the only azea for which the <br />Division of Minerals and Geology has oversight authority. <br />The closeout report indicates that certain ongoing activities permitted under the Administrative <br />Order on Consent for Removal Action (AOC) aze also included in the Colorado Mining and <br />Reclamation Permit (the MLRB Permit). The MLRB Permit acknowledge in the permit <br />narrative that the AOC does exist. It is not evident that obligations in the State Mining Permit <br />are the same as in the AOC because the AOC was not reviewed for [his letter. <br />The remedy selection for OU-2, as indicated in the Closeout Report, is that the operator will <br />follow the reclamation plan developed under the MLRB Permit. <br />