PERMIT FILE - 9/10/2009, 12:21:56 PM-JWD

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The Mined Land Reclamation Act (MLRA) allows for prospectors to keep confidential "that information relating to the mineral deposit location, size, or nature." C.R.S. § 34-32- 113(3). However, the focus of the "location" in this provision is information related to the subsurface location and orientation of the mineral deposit, and not the surface that will be impacted. This focus on subsurface orientation information has been discussed in legislative hearings on amendments to the MLRA and is consistent with long-held agency practice. For example, the same protection for such "location" information applies to applications for full- fledged mining operations. See C.R.S. § 34-32-112(9). Yet, in every case, an operator of a mining operation is required, and does, disclose the precise location of the impacted surface of the mining operation. Further, the withholding of all surface impact information contravenes the intent of SB 08-228 which was to ensure local community and neighborhood notice of prospecting activity, and not simply to provide notice of which county is affected. A prospector should Ilotuc able 1__ 1_1_ to expand , the 1_„ scope o1FaL .. TdT n A 5s protections ,.«., 1.... F. t:..l1 F......« +; L11G 1V,L1, i Sil J prolGl?l1V11J 1V1 tollllu,1el'1L1Q 1111V1111Q.L1o11 by simply claiming all surface impact information as confidential. The Division should take measures to ensure that all local government approvals have been obtained from Fremont County prior to deeming the Notice adequate. As the Division is aware, Fremont County requires conditional use permit approval for all mineral exploration activities occurring within the County. Fremont County Zoning Res (2009) Sections 4.1.3.2, 1.5.113. While we understand that Black Range Minerals has previously received conditional approval for some specific prospecting activities on specific lands in Fremont County, it is not clear that the prior County approval also covers the proposed activities. At minimum, the Division should require a demonstration that the proposed prospecting activities are wholly covered under the prior Fremont County approval, or obtain assurances that Black Range Minerals will pursue such authorization through a new or amended conditional use permit prior to commencing any such activities. The Notice submitted by Black Range Minerals appears to be internally inconsistent. For instance, on page 4 of the Notice, Black Range Minerals states that "[a] maximum of 50 drill pads will be constructed...." However, immediately following this statement, the Notice indicates that only 25 drill pads, drill holes, and mud pits are being proposed as disturbance. The Division should require greater clarity with respect to the scope of the proposed prospecting activities in order to ensure all reclamation is properly conducted and that the public is fully and accurately informed. The Notice describes from 25 to 50 mud pits proposed to be an average of 6 feet wide, 16 feet long and 8 feet deep. The Notice contains no information on the nature of the waste materials that will be deposited into these mud pits. Given that the Notice states that the proposed exploration drilling is for uranium ore, there is a likelihood, if not a certainty, that radioactive materials will be disposed of in the mud pits. In other prospecting permits, the Division has required prospectors to commit to testing drill hole mud pits for radioactivity and to removing materials that do not meet specified limits. See October 17, 2008 memorandum from Allen Sorenson to Ron Cattany re: Status of Modification No.l, Centennial Project, File No. P- 2008-043. Similar to that project, Black Range Minerals' proposal is within close proximity to residential development and groundwater wells. Indeed, during the Fremont County conditional 2