2008-03-07_PERMIT FILE - M1977285

• Permit No: M1977285
• IBM Index Class Name: PERMIT FILE
• Doc Date: 3/7/2008
• Doc Name: Response to Notice of Determination as DMO
• From: Denison Mines
• To: DRMS
• Media Type: D
• Archive: No

dENISO~II
MINES
VIA HAND DELIVERY AND US MAIL
March 7, 2008
Mr. Bob Oswald
Environmental Protection Specialist
State of Colorado
Division of Reclamation, Mining and Safety
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
Dear Mr. Oswald:
Re: Notices of Determination of Designated Mining Operation (DMO);
DRMS File No. M-1977-285, Sunday Mine
Denison Mines (USA) Corp.
105017th Street, Suite 950
Denver, CO 80265
USA
Tel :[phone]
Fax :[phone]
www.denisonmines.com
Reference is made to the foregoing Notice (the "Notice"), dated February 6, 2008 and received by Denison
Mines (USA) Corp. ("Denison") on February 8, 2008, pursuant to which the State of Colorado Division of
Reclamation, Mining and Safety (the "Division") provided notice to Denison under Rule 7.2.2 of the Mineral
Rules and Regulations of The Colorado Mined Land Reclamation Board For Hard Rock, Metal and Designated
Mining Operations (the "Regulations") that the Division has determined under Rule 1.1(14) of the Regulations
that the Sunday Mine (the "Site") is a Designated Mining Operation ("DMO"). Denison also received at the
same time similar Notices that the Division has determined that benison's West Sunday, Topaz, St. Jude,
Carnation and Van 4 mines are also DMOs.
The Notice provides that the Division's determination is based on the following:
"The site has the potential to release toxic materials as a result of mining operations. Under
Rule 1.1(14) of the Regulations, a site will be assigned DMO status if `toxic or acid-forming
materials will be exposed or disturbed as a result of mining operations.' The Division is of the
opinion that the ore and waste rock that are generated by mining at the Sunday Mine are toxic
materials."
As we have mentioned to you earlier, we believe it is clear under Section 34-32-103(3.5)(b) of The Colorado
Mined Land Reclamation Act that DMOs "exclude operations which do not use toxic or acidic chemicals in
processing for purposes of extractive metallurgy and which will not cause acid mine drainage." Since you have
not indicated in the Notice that the Site uses toxic or acidic chemicals in processing for purposes of extractive
metallurgy or causes or has the potential to cause acid mine drainage, we do not believe that the Division is in a
position to determine that the Site is a DMO at this time. However, we understand that the Division has a
different interpretation of the application of Section 34-32-103(3.5)(b) and has made its determination in the
Notice based on that interpretation. While we disagree with the Division's interpretation, we respect the
Division's determination and do not intend to dispute its determination under Rule 7.2.4 of the Regulations.
Therefore, please take notice under Rule 7.2.3(1) of the Regulations that Denison does not challenge the
Division's determination that the Site is a DMO. RECEIVED
MAR 0 7 2008
Division of Reclamation,
Mining and Safety