Laserfiche WebLink
<br />Mr. Bruce Humphrie:~ <br />December 28, 1994 <br />Page 2 <br />1. The Rest Sunday Mine operation does not meet the criteria for <br />designation orovid~ed fn Rul• 1. <br />The criteria for defining a DMO (excepting rock extraction for <br />the production of a~nstruction materials) in Rule 1 are as follows: <br />"(12) 'Desiana:ted Minina Operation' means a mining operation <br />at which: <br />(a) designated chemicals used in metallurgical processing are <br />present on-site; or <br />(b) toxic or acid-forming materials will be exposed or <br />disturbed. as a result of mining operations; or <br />(c) acid mine drainage occurs or has the potential to occur <br />due to mining or reclamation activities. <br />(d) The various types of Designated Mining Operations are <br />identified in Section 34-32-112.5., C.R.S. 1484, as <br />amended." <br />The following discussion comparing the West Sunday Mine <br />operation with each of these criteria indicates that the operation <br />should be considered exempt from designation. <br />(a) No designated chemicals used in metallurgical processing <br />are present on-site, because no metallurgical processing <br />occurs or has occurred at the West Sunday Mine operation. <br />(b) No toxic or acid-forming materials are exposed or <br />disturbed as a result of mining operations. Section 34- <br />32-112.5.(2) of the Colorado Mined Land Reclamation Act <br />provides that the board shall exempt operations from <br />designati~~n if "acid- or toxic-producing materials will <br />not be used, stored, or disturbed in quantities <br />sufficient to adversely affect any person, any property, <br />or the environment". Toxic or acid-forming materials are <br />not exposc~d or disturbed at the West Sunday Mine property <br />in quantities sufficient to adversely affect human <br />health, property, or the environment. The waste rock <br />consists primarily of sandstone, a non-acid-producing <br />rock. Although the waste rock on site contains levels of <br />radium similar to the naturally-occurring levels present <br />in outcrops in the area, the definition of acid- or <br />toxic-producing materials in Rule 1 relates solely to <br />materials which contain "detrimental amounts of chemical <br />constituents such as acids, bases, or metallic <br />