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~, <br />dENISO~II <br />MINES <br />Denison Mines (USA) Corp. <br />105017th Street, Suite 950 <br />Denver, CO 80265 <br />USA <br />Tel :303 628-7798 <br />Fax :303 389-4125 <br />www.denisonmines.com <br />VIA HAND DELIVERY AND US MAIL <br />March 7, 2008 <br />Mr. Bob Oswald <br />Environmental Protection Specialist <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Mr. Oswald: <br />Re: Notices of Determination of Designated Mining Operation (DMO); <br />DRMS File No. M-1978-039 HR, St. Jude Mine <br />Reference is made to the foregoing Notice (the "Notice"), dated February 6, 2008 and received by Denison <br />Mines (USA) Corp. ("Denison") on February 8, 2008, pursuant to which the State of Colorado Division of <br />Reclamation, Mining and Safety (the "Division") provided notice to Denison under Rule 7.2.2 of the Mineral <br />Rules and Regulations of The Colorado Mined Land Reclamation Board For Hard Rock, Metal and Designated <br />Mining Operations (the "Regulations") that the Division has determined under Rule 1.1(14) of the Regulations <br />that the St. Jude Mine (the "Site") is a Designated Mining Operation ("DMO"). Denison also received similar <br />Notices at the same time that the Division has determined that benison's West Sunday, Sunday, Topaz, <br />Carnation and Van 4 mines are also DMOs. <br />The Notice provides that the Division's determination is based on the following: <br />"The site has the potential to release toxic materials as a result of mining operations. Under <br />Rule 1.1(14) of the Regulations, a site will be assigned DMO status if `toxic or acid-forming <br />materials will be exposed or disturbed as a result of mining operations.' The Division is of the <br />opinion that the ore and waste rock that are generated by mining at the St. Jude Mine are toxic <br />materials." <br />As we have mentioned to you earlier, we believe it is clear under Section 34-32-103(3.5)(b) of The Colorado <br />Mined Land Reclamation Act that DMOs "exclude operations which do not use toxic or acidic chemicals in <br />processing for purposes of extractive metallurgy and which will not cause acid mine drainage." Moreover, Rule <br />1.1(14)(e) provides that "Metal mining operations, permitted under Section 34-32-110, C.R.S. 1984, as <br />amended, which do not use or store designated chemicals, shall be exempt from the requirements applicable to <br />Designated Mining Operations unless they have a potential to produce acid mine drainage in quantities <br />sufficient to adversely affect any person, property or the environment." The Site is permitted under Section 34- <br />32-110, C.R.S. 1984. Since you have not indicated in the Notice that the Site uses toxic or acidic chemicals in <br />RECEIVED <br />MAR 07 2008 <br />Division of Reclamation, <br />Mining and Safety <br />