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' w.,. s.~y ~d s.,.by es.., otio ~.vao~rs.~.~y ' Mine properties in quantities sufficient to adversely affect human health, property, or the ~ environment. ' As noted, the definition of acid producing or toxic producing materials in Rule 1 relates to materials that contain "detrimental amounts of chemical constituents such as acids, bases or '' metallic compounds". As discussed herein, available data show that the only constituents of concern in the waste rock on site aze uranium and radium; however, the level of radioactivity in ~,' the waste rock is similaz to, and in some instances, less than the levels present in azeas azound the mines that aze completely undistwbed. EFN is unawaze of any other material on site that ~' would contain detrimental amounts of chemical constituents under the purview of Rule 1. In terms of potential acid generation concerns, the host rock for ore at the mines is primarily sandstones of the Salt Wash member of the Morrison formation. These sandstones aze not acid ' formers. Accordingly, the waste rock left from development and mining operations will also consist of sandstone with little, if any, concentrations of the various types of sulfur or other ' constituents associated with .acid rock generation. Further, there is no drainage of water to the surface from the mines; field operators report that water is not encountered in any measurable ' quantities between the surface and the 500 foot level of the mine ~,' The Division should, therefore, exempt the West Sunday and Sunday Mines from the designations as defined in Section 34-32-112.5, because as set forth in subsection (2), toxic or acidic chemicals are not stored or used on site and acid- or toxic-producing materials will not be used, stored, or disturbed in quantities sufficic:nt to adversely affect any person, any property, or the environment. 1 1 ' H\IISFASNIFMWPAIXRVETI}]IS 95\wSUNSUN aP! Page 2 1