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Page 3 <br />Prospecting and Baseline Site Characterization <br />You also disagree with DRMS' statement that many of Powertech's activities conducted <br />under NOI, No. P-2008-043, are baseline site characterization. Allen Sorenson of DRMS <br />has responded to this issue by separate letter. However, please note that if Powertech uses <br />any information from the "prospecting" activities to meet the requirement of a baseline site <br />characterization, then those activities fall within the category of baseline site characterization <br />and DRMS may hire a third party expert - even if those activities also are to search for or <br />investigate a mineral deposit. <br />One other statement in your letter requires a response. On page 5 of your letter, you discuss <br />your interpretation of the distinction between prospecting and mining, and you state that <br />nnr.tr?ra> to 1XI-t- A>rinrnrt e rtinn Aro-f'.°i u.°i.°-t- tiie 1°vi A Issue i.°i vv'hether <br />.viaci ... J w r. < ivavii a a Jv , Y <br />Powertech's activities are prospecting or mining and not whether the activities are <br />prospecting or development. Please note that the legislature has defined mining operation to <br />include development. § 34-32-103(8), C.R.S. Thus, development is mining as those terms <br />are defined by the Mined Land Reclamation Act and relative to the need for a reclamation <br />permit as opposed to a NOI. <br />As mentioned above, by separate letter, Allen Sorenson from DRMS will address other <br />issues Powertech raised in its letters. Thank you for your attention to this matter. <br />Sincerely, <br />FORT ATTORNE GENERAL <br />CHERYL A. LINDEN <br />First Assistant Attorney General <br />Natural Resources and Environment Section <br />(303) 866-5127 <br />(303) 866-3558 (FAX) <br />Email: Cheryl. linden(a,state.co.us <br />cc: Ron Cattany, Director <br />David Berry, DBMS <br />Allen Sorenson, DRMS