2008-02-13_PERMIT FILE - M2007044 (3)

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Issues Raised by the Objecting Party Issues raised by INFORM, the objecting party are represented by italicized bold print. DRMS response to the objection issue follows in standard print. References to the Act are from the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et se~{c. References to the Rules are for Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations (2 CCR 407-1 ), promulgated May 1977, and last amended October 1, 2006. In these proceedings, DRMS jurisdiction is limited to enforcement of the specific requirements of the Act and Rules. DRMS considered all timely submitted comments in its review of the application. However, DRMS can only address the issues that directly relate to the specific requirements of an application, as stated in the Act and Rules. 1. Page 1 and 2 of INFORM's objection cite DMO requirements of Rule 7 of the Hard Rock Rules and Regulations and offers support for DMO designation of the Whirlwind Mine. INFORM requests that the record leave no doubt the Whirlwind Mine be regulated as a DMO. Energy Fuels submitted the referenced application as a DMO based on preliminary discussions with the DRMS under 34-32-112.5. The application includes an environmental protection plan -designated mining operation per 34-32-116.5 and Rule 7. The application was already classified as a DMO and DRMS staff reviewed the application based on all pertinent Rules and Regulations not just DMO Rule 7. Based on the fact that the application is submitted as a DMO, DRMS feels the record is clear as to its classification and regulation. Any effort to change the DMO designation of the permit would be considered an amendment which would require appropriate public notice and comment periods as prescribed in Rule 1.10. 2. INFORM addresses concerns regarding water quality, treatment and post mine impacts (Pages 2 and 3). Energy Fuels submitted an extensive hydrological review of the Lumsden Canyon and Beaver Mesa basins to DRMS under Rule 3.1.6, 3.1.7 and 6.4.20(8). As noted water pumped from the mine has elevated Antimony, Arsenic, Selenium and Uranium as well as radionuclides Radium 226 and 228. Energy Fuels received a water discharge permit (#CO- 0047562)from the Colorado Department of Public Health and Environment (CDPHE) under the Colorado Water Quality Control Acton September 1, 2007. The treatment plant designs for a Lyntek Modu-tank system were reviewed and approved by DRMS under separate action on September 6, 2007. DRMS has jurisdiction for the construction of the plant while CDPHE has jurisdiction over the actual discharge of any waters. Treatment of the waters is primarily for radionuclides and selenium. However, other heavy metals are also precipitated as part of the treatment process. The discharged waters must meet all applicable WQCA standards. Energy Fuels is required to submit water samples monthly to CDPHE and will be forwarding those results to DRMS for review as well. Based on data submitted it appears that the amount of water treated will be greatly reduced and possibly eliminated through mine use consumption. Water treatment is required for any pumped discharge and will be done as needed through the life of the mine.