2009-05-19_REVISION - M1977285 (29)

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• Substantive Public Comments that I Considered and Resulted in my Decision to Apply Additional Mitigations and Conditions of Approval Comment: The EA fails to adequately detail and analyze potential impacts to ground and surface water quality. o On page 22 of the EA, the BLM concedes that "No groundwater quality information is available specific to the Sunday Mines because no groundwater wells are located at the Sunday Mines." This is unacceptable. The Colorado DRMS requires 5 quarters of water quality monitoring data prior to mine reclamation permitting. Thus, ground water quality data should exist and if not, is likely in the process of being gathered in order for the Sunday Mine complex (including the Topaz Mine) to comply with Colorado HB 1161, passed in 2008, that requires that all uranium mines be permitted as "designated mining operation" under Colorado law. o The EA fails to state why this data does not exist, or affirmatively demonstrate why the cost for obtaining the information is exorbitant, among other demonstrations required of the BLM by 40 C.F.R. § 1502.22. o On page 24-25 of the EA, the same problem with lack of information is present with respect to the acid generating potential of the waste-rock. Indeed, the EA sets forth a plan for gathering this information, effectively admitting that the data is obtainable and that the cost to do so is not exorbitant. The BLM has a duty under NEPA, FLPMA (prevention of unnecessary and undue degradation), and the 43 CFR Part 3809 regulations to either obtain this data itself or require the operator to gather and present this data in order to allow the BLM to assess the impacts associated with acid mine drainage. This must occur prior to completion of the EA and prior to permitting in order for the agency and the public to assess and understand the impacts of this project. Indeed, the BLM cannot make a reasonable determination as to whether this project may have a significant impact on the environment without having this information. o The BLM should require all ground water quality baseline information, and waste rock acid generating potential data, be gathered, analyzed, and disclosed prior to finalizing its decision on this mine. To do otherwise would violate NEPA, FLPMA, and the 43 CFR 3809 regulations. r Response: The Proposed Action is to expand existing operations at the Topaz Mine and add vent holes and exploration drilling at the Sunday Mines. Mining operations that are currently being conducted at the Sunday Mines would continue under the No Action Alternative. The existing Sunday Mines, all which have been in operation since before 1980, are now considered a Designated Mining Operation under Colorado statute which were recently amended to Decision Record Dolores Public Lands Office 9 Sunday Mines Complex Expansion January 2009