Laserfiche WebLink
II. THE DIVISION IMPROPERLY DETERMINED THAT THE JD-6 AND JD-8 MINES <br />SHOULD BE CLASSIFIED AS DESIGNATED MINING OPERATIONS. COTTER'S <br />SUBMISSIONS SUPPORT A FINAL DETERMINATION THAT THE MINES ARE <br />NOT DMOs. <br />A. The Statutory and Re¢ulatorv Provisions Support Cotter's Requests. <br />The Act at C.R.S. 34-32-103(3.5)(a)(II) de&nes a "designated mining operation" as "a <br />mining operation at which acid- or toxic-fonniug materials will be exposed or disturbed as a <br />result of mining operations." The Act at section 34-32-103(1) further defines "acid or toxic <br />producing materials" as "natural or reworked earth materials having acid or toxic chemical arrd <br />physical characteristics." <br />The Division's Jatmary 17, 2006 review, after reciting the definition of "acid or toxic <br />producing materials" contained at CRS 34-32-103(1}, states: <br />The Division considers toxic material, in this [Cotter's] context, to be any dissolved <br />constituent whose concentration exceeds applicable groundwater standards as defined in <br />Regulation 41 - "The Basic Standards for Groundwater" -established by the Colorado <br />Water Quality Control Comtnission. <br />While the ore and waste rock from the JD-6 and 7D-8 Mines have the potential to release <br />metals in concentrations that may exceed ground or surface water standards for certain <br />constituents, the analysis does not stop there. The Act states at section 34-32-112.5(2): "If an <br />operator demonstrates to the Board at the time of applying for a permit or at a subsequent <br />hearing that acid- or toxic-producing materials will not be used, stored, or disturbed in <br />'All documents referred to herein are contained in [he adminisG~ative record of these proceedings, and specifically <br />are attached to the July 27, 2006 letter from the Division to each member of the Board which includes a copy of the <br />"Division of Minerals and Geology, Designated Mining Operation Penrtit Status Review" for Cotter's permitted <br />sites, including the JD-6 and JD-8 Mines. For the convenience of the Board and the parties, Cotter has provided <br />copies of the materials enclosed with the Division's March 9, 2006 letter as Attachments A (JD-6 Mine) and B (JD- <br />8 Mine, and other documents referenced herein as Attaclunents C and D. <br />2 <br />