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V <br />-. <br />STATF. OF COLORADO <br />Bill Owens, Governor <br />Jane E Norton, Executive Director <br />Dedicated to protecting and improving the health and environment olthe people of Colorado <br />HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION <br />hnp~..//www.cdphestate.co.us/hrrd r~ r~ ~ r~ n <br />4300 Cherry Creek Dr. S. ?22 S. 6th Street, Room 232 <br />Denver, Colorado 80246-1530 Grand )unction, Colorado B1 <br />Phone (707) 692-3J00 Phone (970) 248-7164 <br />Fax (3031 759-5355 Fax 1970) 2d8-it98 <br />February 17, 2000 <br />Ross L. Gubka, P.E., Chief Engineer <br />Western Fuels-Colorado <br />P. O. Box 628 <br />Nucla, CO 81424 <br />rtB 2 2 2000 <br />Re: Disposal of Asphalt Paving Fragments in Open Pit at New Horizon Mine <br />Dear Mr. Gubka: <br />pf Cpl <br />ti~ ~ q> <br />~~~ ~8 <br />•~• <br />~ /896 ~ <br />Colorado Department <br />of Public Health <br />and Environment <br />By letter dated February 14, 2000, you asked the Colorado Department of Public Health and Environment <br />(CDPHE) whether asphalt road paving material from a mining operation could be disposed in an open pit <br />at New Horizon Mine. Asphalt paving fragments are included in the category of "Inert material" as <br />defined in Section 1.2 of Colorado Solid Waste Regulations, 6 CCR 1007-2, and as such, CDPHE does <br />not impose any restrictions or special requirements on their handling and disposal as solid waste. <br />Further, you state that operations at New Horizon Mine are covered by a DMG permit. Thus, by Section <br />1.4.2 of the Solid Waste Regulations, facilities for on-site solid waste disposal in mining operations <br />permitted by DMG pursuant to the Colorado Mined Land Reclamation Act, Title 34, Article 32, Section <br />101, et sec., are exempt from the requirement to obtain a solid waste disposal permit. Also, as stated in <br />the Memorandum of Understanding dated November 4, 1992, DMG would regulate disposal operations <br />where generation and disposal of solid wastes take place within a DMG permit area. <br />Should you have any questions, 1 may be reached at (303) 692-3455. <br />Sinc rel <br />Y <br />J. Peter Laux <br />Geologist <br />Solid Waste Urtt <br />Compliance Program <br />cc: Carl Mount, DNR-DMG <br />Donna Stoner, CDPHE-GJ Office <br />File SW/MON/GEN-lA <br />