Laserfiche WebLink
~' <br />4. The damages referred to here are those which apparently resulted from the possible offsite disturbance <br />occurring during CYMC's operation. The issue of a possible violation for those offsite damages will be heard by <br />the Mined Land Reclamation Board next month. This is a separate issue from the review of the new application <br />submitted by Sierra. Your letter stated that damage would result from future discharges down the dump pile. The <br />applicant has amended his discharge permit to allow discharging at a different location on Yule Creek, a location <br />that is not affected by sediments in the dump pile. Tn response to your statement and citation of the statutes on <br />reclamation and affected lands, the Division will not approve a reclamation plan or permit application which is not <br />designed to meet the performance standards for minimizing effects to hydrologic balance and erosion, nor one that <br />does not assure stability of the onsite and offsite features. <br />5. This item alleges a violation to the Clean Water Act. Our agency does not inspect, regulate or enforce any <br />provisions of this Act. Your statement can only be construed to be an allegation of a violation. We do not have any <br />verification from either the Colorado Departrnent of Public Health and Environment or the U.S. Environmental <br />Protection Agency. We would need such verification in order to deny an application for noncompliance with <br />Section 115(4)(d). <br />6. The item concerning the sediment control structure is partly correct. There was a functional structure low <br />on the dump slope, created by CYMC. That structure is presently not functional, but is to be repaired for operations <br />under Sierra's proposed operation. The application file clearly defines the structure's location, design, construction <br />and maintenance. It does not appear to be on land owned by you. It does not appear that clearing the dump pile <br />will be required to construct such a structure. <br />7. This item states that areas to be affected must be owned by the operator. This is not a requirement for <br />permitted operations. An applicant must provide proof of its legal right to enter and initiate mining operations at <br />the time of application, and maintain such right throughout the life of the mine. This right may be in the form of <br />ownership, or in the form of a lease, easement, or mineral estate, for example. <br />I hope that this sheds some light on where this agency stands on these numerous and overlapping issues. Thank <br />you for the interest you have taken in this proposed operation. If you wish to discuss any of these items, please feel <br />free to reach me at the Division's Durango field office: 484 Turner Dr., Bldg. F-101, Durango CO 81301; tel <br />970/247-5193, or fax 970/247-5104. <br />Sincerely, <br />~~b ~.~ <br />Bob Oswald <br />Environmental Protection Specialist <br />cc: Bruce Humphries, DMG <br />Cheryl Linden, Attorney General's Office <br />Rex Loesby, Sierra Minerals Corp. <br />Lori Potter, KHG&K <br />a:\yule new cit/rco <br />