2008-11-19_REVISION - M1979181

• Permit No: M1979181
• IBM Index Class Name: REVISION
• Doc Date: 11/19/2008
• Doc Name: Adequacy review
• From: DRMS
• To: Charles Ponchak
• Type & Sequence: TR2
• Email Name: KAP
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 19, 2008
Charles R. Ponchak
Consulting Geologist
15292 6050 Road
Montrose, 'CO 81401

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COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Mount Sneffels Mining Company, LLC, File No. M-1979-181
Ruby Trust Mine 110(2) Technical Revision (TR-02) Application - Adequacy Review
Dear Mr. Ponchak,
Listed below are adequacy review comments for the Ruby Trust 110 (2) Technical Revision
Application, File No. M-1979-181. Due to the Division deeming this revision as complex, for reasons
identified in this letter, the decision date for this revision application has been extended to December 24,
2008. The Division of Reclamation, Mining, and Safety (Division) is required to make a decision by
December 24, 2008, unless an extension request is submitted. Therefore, your response to the following
adequacy review concerns should be submitted to the Division as soon as possible.
Regarding placement of the crusher onsite, this placement is within the limits of the Act and the Rules.
The Operator should be aware, however, the crusher is located in an avalanche chute and is at risk of
being swept offsite. In the event the equipment is carried offsite by snow, or any other natural means,
there is the possibility that the equipment may affect areas outside of the permit boundary, which would
lead to a possible violation of the permit.
With regard to the activities proposed in this technical revision, the Division believes that the operation
falls under the definition of a Designated Mining Operation. According to Rule 1.1 (14) of the Rules
and Regulations for Hard Rock, Metal and Designated Mining Operations, the definition of a Designated
Mining Operations includes, under section (e), any 110 mine that has the potential to produce acid mine
drainage in quantities sufficient to adversely affect any person, property, or the environment. It is the
burden of the Operator or Applicant to demonstrate to the satisfaction of the Office that such potential
does not exist.
In the original application for this permit and in the technical revision materials submitted for TR-01, the
Applicant states that production ore materials may contain acid producing components. Therefore, the
Division believes the in order for mining operations to commence at the site, the site classification must
either be changed to that of a Designated Mining Operation or the Applicant must submit information to
the Division that shows the site need not be classified as such. In order for the site to become a DMO,
the Applicant must submit any information identified in the Rules and Regulations listed under section
6.4 that has not been previously approved in the original permit application or in TR-01 or that will
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