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DMO Status: The Act at 34-32-103(1) defines "acid or toxic producing materials" as "natural or reworked earth materials having acid or toxic chemical and physical characteristics: ' The above results indicate that waste rock from the JD Mine deposits have a potential to release metals in concentrations that exceed ground or surface water standards for Al, As, Pb, and Se. Thus, these rocks would be considered "acid or toxic materials" under the defmition. Additionally, the JD-9 MINE is required to treat effluent from dewatering operations to remove Radium 226+228, CDPHE permit No. CO-0036251. The treatment ofmine discharge waters requires use of chemicals to precipitate the radium prior to release of the treated water, This precipitate, which is captured in settling ponds, is not considered in this assessment of DMO status, as it is part of the water treatment that is regulated by the CDPHE. The Act at 103(3.5}(a)(II) defines a "designated mining operation" to be "a mining operation at which acid- or toxic-forming materials will be exposed or disturbed as a result of mining operations." Mining will expose or disturb acid-or toxic-forming materials from the JD Mines waste rock and other similar mines. Thus, the JD Mine mines and nearby mines with similaz mineralogy and host rock characteristics meet the criteria for a designated mining operation. The Act at 34-32-112.5(2) states: "If an operator demonstrates to the board at the time of applying for a permit or at a subsequent hearing that acid-or toxic-producing materials will not be used, stored, or disturbed in quantities sufficient to adversely affect any person, any property, or the environment, the board shall exempt such operations..." On aaite-specific basis, depending on how the waste rock is mined, handled and stored, it maybe feasible for operators to demonstrate that quantities of released pollutants will be insufficient to adversely affect persons, property or the environment. The Act at 112.5(4)(a) states that "...the board or office may requue an operator to have an inspection and certification of any new environmental protection facility." The Act at 103(4.9) defines "Environmental Protection Plan" as "a plan submitted by a designated mining operation...for protection of human health or property or the environment..." Rules 6.4.20 Exhibit T lays out requirements of the Environmental Protection Plan. Together, these indicate that an environmental protection plan is required, and that where acid- or toxic-producing materials ate exposed, used, processed or stored, in order to protect persons, property and the environment, environmental protection facilities will be required. Based on all the above, it appeazs that the JD Mines and similar nearby mines should be considered designated mining operations, unless the Boazd determines otherwise. As such, these operations will need to develop an environmental protection plan and submit certified engineering drawings for environmental protection facilities for ore and waste rock facilities. It is emphasized that designs should be based on analyses of representative samples, and that designs for ore holding or processing facilities should be developed from analysis of ore samples, not waste rock samples. Alternatively, the operators may demonstrate to the office or the board that contaminants will not be released in quantities sufficient to require environmental protection facilities. Application: The Division should consider potential impacts to both ground and surface water from the ore and waste rock piles at the JD Mines and similar mines neazby. Impacts to the hydrologic balance may be minimized by a variety of means including but not necessarily limited to: • dilution of the pollutants prior to reaching a receiving stream or groundwater, • isolation of pollutants in holding ponds or treatment facilities,