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~II II~'Vi~l~~~~~ II~ 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of natural Resources 1373 Sherman 51., Room?15 Denver, Colorado 80?03 ~C~YG~ Phone: 13031 866 3567 " FAY: 13031 83L8106 Vr F'CE September 5, 1997 Melvin R. Gydesen ~~~ DEP.gIiTME1VT OF NATURAL RESOURCES Roy Romer Governor Joel Fennern and M.R. Gydesen Heavy Equipment Co. lames s ~ncnhead E vecmrve Director 229 County Road 11 Gunnison CO 81230 Michael B. Long Division Dveclor Re: Gold Links Mine, Permit No. - - 43 Decision on the Preliminary Determination Regarding Status as a Designated Mining Operation (DMO). Dear Mr. Gydesen, Tltis letter is to serve as the formal notification of the Division's determination as to whether the above-named site is to be classified as a Designated Mining Operation (DMO). You were initially notified of the preliminary determination by letter from the Division, dated October 26, ] 994. You responded to that letter within the appropriate timeframe, and subsequently supplied additional documentation supporting your position. The documentation adequately demonstrated that the site does not fit the DMO criteria. Therefore, pursuant to Hard Rock and Metals Rule 7.2.6(1), the Division has determined that this mine, the Gold Links )\4ine, is exempted from being required to be placed into Di\40 status. The specific reasons for the decision are as follows: 1. You have stated in writing, in letters dated November 18, 1994 and December ], 1994, that the pre-law tailings existing on the site, which were originally approved to be possibly disturbed as part of your mining operation, have not and will not be disturbed. Additionally, the historic portal discharge has been adequately isolated from and conveyed past the waste rock material, preventing it from contacting any potentially mineralized material. 2. The historic portal discharge has been independently tested for metals and pH and foultd to meet discharge standards. The water does not meet the criteria of"acid mine drainage". The Colorado Department of Health/Water Quality Control Division has stated that neither water treatment nor a discharge permit are needed. Pursuant to Rule 7.2.2(1), regarding a pending decision on a preliminary determination, this office evil] provide Notice of this decision in the next regular monthly Board meeting agenda. This decision by the Division is based on the present site conditions and the approved plans as they exist currently. You should be aware that this exemption only applies to the existing site conditions and that nothing in the exemption shall apply to this operation where site conditions or circumstances change, pursuant to Rule 7.2.6(2).