2008-10-06_GENERAL DOCUMENTS - M1977004

• Permit No: M1977004
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 10/6/2008
• Doc Name: Discussion regarding DMO
• From: DRMS
• To: Homestake Mining Company
• Email Name: RCO
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
?October 6, 2008
Al Cox
Homestake Mining Company
APO Box 98
Grants, NM 87020
STATE OF COLORADO p„
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COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Re: Pitch Project, Permit M-1977-004, Discussion Regarding Designated Mining Operation (DMO)
Status.
Dear Mr. Cox,
We received your letter dated July 25, 2008, concerning your question about the change of DMO status
at the Pitch Project as a result of the passage of House Bill 08-1161 (HB 1161). Your letter stated that
since the Pitch Project is in final reclamation it should be exempt from the DMO requirements and not
be placed in the DMO permit category.
As enacted, BB 1161 adds to the existing statutes to place all permitted uranium extraction operations
in the DMO category, to ensure that the necessary and appropriate levels of oversight and protection
become part of that permit. The Division acknowledges that the Pitch Project is in the advanced
phases of final reclamation, and that many of the conditions formerly present at the site, which BB
1161 is intended to address, no longer exist at the site. As such, there may be specific portions of the
overall DMO requirements that do not apply and therefore may not be required. This is not the same
as allowing the permit to be exempt from the law and remain a non-DMO permit. Having this permit
placed in the DMO category does not necessarily mean that the environmental monitoring and
approved reclamation plan for the permit must be significantly revised.
The existing law affords an operator the ability to petition for an exemption to the permit becoming a
DMO, however, the operator must either make the case that none of the DMO regulations apply or that
the permit currently includes all the applicable requirements of an Environmental Protection Plan
(EPP).
Regarding the existing plans and activities at the Pitch Project, the Division considers Homestake's
continuing success of carrying out a comprehensive reclamation plan, which addresses water issues,
surface stabilization, and revegetation, as going far toward complying with the applicable requirements
of the DMO laws. Any future applications for modifying the permit, including changes relating to the
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