2007-11-29_PERMIT FILE - M2007044

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 November 29, 2007 Brian Farnsworth Information Network For Responsible Mining P.O. Box 3637 Gar-~~~~, ~. ~~ ~~~®~ ~~~ ~ 0 2001 Divi$inn of oaEe~~~aiipn Mining anti safely COLORADO DIVISION O F RECLAMATION MINING SAF TY Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Evergreen, Colorado 80437 Re: Whirlwind Mine, Designa~ Mining Operation (DMO)112(d) Application M-2007-044, Response to Public Comment. Dear Mr. Farnsworth, The Division of Reclamation Mining and Safety (DBMS) received the Information Network For Responsible Mining (INFORM) comments on October 11, 2007. Based on the nature of the comments the Division classified them as an objection to the permit application. The applicant will be responding directly to 1NFORM's letter and copying DBMS. As previously noted in the DBMS initial response to INFORM many of the issues raised are also those for which DBMS is seeking additional information and clarifications. Those issues include lessening impacts to existing groundwater and surface waters and final reclamation impacts. The application is being reviewed to ensure compliance with Rules 1, 3, 6 and 7 and the Act by DBMS geo-chemist, engineers, hydrologist and environmental protection specialists. A permit decision will not be rendered until all jurisdictional issues have been clarified to our satisfaction and meet all the requirements of the Rules and Act. It should be noted that the applicant submitted the application as a Designated Mining Operation (DMO) without DBMS insistence. Therefore, the application and if approved the permit will be regulated as a DMO. There are several issues that INFORM has brought up that are not within the jurisdiction of DBMS. Traffic, noise, property values, and land use are reviewed by other governmental agencies. Specific water and air quality issues are handled by the Colorado Department of Public Health and the Environment (CDPHE) through their specific permitting and monitoring processes. A water discharge permit has been issued by CDPHE Water Quality Control Division (CO-0047562) and an Air Pollution Emission Notice or APEN has been applied for through the Air Pollution Control Division. Therefore comments on these issues should be submitted to the proper agency for their review. Transportation issues, cumulative impacts and issues not tied to the specific reclamation of the area within the proposed permit area should be addressed through other appropriate jurisdictions. Worker health and safety issues are the jurisdiction of the Mine Safety and Health Administration (MSHA). No milling or ore processing is proposed on site and therefore not considered as part of the reclamation permit review. Office of Office of Mined Land Reclamation Active and Inactive Mines