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Under the definition of "designated mining operation" (DMO), the Act at 112.5(2) provides for <br />exemption from DMO status for the following reasons: <br />(2) If an operator demonstrates to the board at the time of applying for a permit or at a <br />subsequent hearing that toxic or acidic chemicals are not stored or used on-site and that acid- or <br />toxic-producing materials will not be used, stored, or disturbed in quantities <br />sufficient to adversely affect any person, any property, or the environment, the board shall exempt <br />such operations whether conducted pursuant to section 34-32-110 or otherwise. The board may <br />promulgate rules governing the conduct of mining operations which are exempted pursuant to this <br />subsection (2). <br />The "Mineral Rules And Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal and Designated Mining Operations" (the Rules) at 1.1(2) define "acid mine <br />drainage" as follows: <br />(2) "Acid Mine Drainage" means contamination of water by low pH or heavy metals that occurs <br />from mined or disturbed materials as a result of the chemical and biological oxidation of reactive <br />sulphide minerals when exposed to air and water. The possibility of generating "Acid Mine <br />Drainage" exists where the pH of any exposed or potentially exposed overburden, waste rock, <br />mill tailings, waste water treatment sludge, or other mined, placed, disposed or stockpiled <br />material has the potential to develop a pH of 5.8 or less. Such determination may be based upon <br />acceptable accelerated weathering and leaching tests of a representative sample of the <br />overburden, waste rock, mill tailings, or other mined, placed, disposed, or stockpiled material. In <br />determining whether a potential for acid mine drainage generation exists, the Office will consider <br />natural pre-mining acidity and metals occurrence in bedrock, soil, groundwater and surface water <br />where such information is available to the Office. Mined and stockpiled material does not include <br />ore or other mined product that is or will be processed within one hundred eighty (180) days of <br />being stockpiled and removed from the permit area. However, the area affected by such <br />stockpiled material may require the appropriate measures pursuant to Rules 3, 6 and 7, to <br />prevent off-site impacts due to drainage or leaching, and for reclamation of the affected stockpile <br />area. <br />Acid or toxic substance releases are to be measured at a groundwater wmpliance point or <br />points per Rule 3.1.7(5) and gauged according whether the release, after reaching <br />groundwater, protects the existing and reasonably potential future of such groundwater, as <br />described in Rule 3.1.7(c). For discharges to groundwater, the quality of the groundwater is <br />measured at the compliance point(s) and compared with groundwater quality standards as <br />established by the WOCC or numeric protection levels as permit conditions as established by <br />the Division. Consideration is given to the ambient conditions per Rule 3.1.7(2)(c)(ii), and <br />discharges, as measured at the point of compliance point(s) may not exceed the higher of either <br />the pertinent standard or ambient condition, whichever is higher. <br />Permit conditions for the protection of groundwater may be in the form of numeric protection <br />levels as established by the Division, practice-based permit conditions, or both, per Rule <br />3.1.7(2)(a). <br />Testing Procedure: <br />Ore and waste rock from the targeted U-V mines were evaluated under astep-wise procedure <br />for their potential to release acid or toxic substances. Division and company personnel were <br />aware from mining history and geological reports that U-V ores in the Colorado Plateau may <br />contain sulfide minerals including pyrite (FeS2), galena (PbS), clausthalite (PbSe), or copper <br />sulfides such as chalcopyrite (CuFe SZ) and some of its Cu-Fe-S and Cu-oxide derivatives. <br />2 <br />