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use permit process, some 44 other properties were identified within 500 feet of the project <br />boundary. <br />Without information as to the radioactive and heavy metal content of the disposed <br />material in the mud pits, the Division cannot adequately discharge its duties under the Mined <br />Land Reclamation Act (MLRA). The MLRA requires that measures be taken to reclaim any <br />lands impacted by prospecting consistent with the requirements of section 34-32-116. C.R.S. § <br />34-32-113(2)(f). This duty includes: minimizing disturbances to the hydrogeologic balance, and <br />to the quality and quantity of water in surface and groundwater systems; ensuring that all refuse <br />be disposed in a manner that will control deleterious effects from such refuse; and that all surface <br />areas of the affected land be stabilized and protected so as to effectively control erosion and <br />attendant air and water pollution. C.R.S. § 34-32-116. The contents of the mud pits must be <br />disclosed in nrwlei to alln;m the Tlivicinn to PncilYP the glin lty of 0'rm11l(1VUater alld of lnnal well, <br />to prevent deleterious effects from such materials, and to ensure effective control of air pollution. <br />Regarding the latter, the Notice states that the mud pits will be allowed to dry out and settle prior <br />to being backfilled. Depending on the contents of the material left in the dried out mud pit, and <br />the length of time for which the dried out mud pit is left open, wind erosion could result in <br />deleterious effects from air pollution. This is especially true given the close proximity of both <br />surface water resources and residences to the proposed prospecting activity. <br />Overall, unless the Division has information regarding the contents of the proposed mud <br />pits, it cannot sufficiently gauge the potential impacts from the proposed prospecting activities. <br />Further, as has been done in other examples, the Division should receive a commitment for <br />testing of mud pit materials, and also removal of materials that do not meet specified limits. Of <br />course, these limits should be disclosed to the public, so that the scientific basis upon which the <br />limits were established can be understood. <br />Thank you for the opportunity to present these concerns to the Division. <br />Sincerely, <br />/s/ Jeffrey C. Parsons <br />Jeffrey C. Parsons <br />Western Mining Action Project <br />On behalf of <br />Tallahassee Area Community, Inc.. <br />cc: David Berry, Minerals Supervisor, DBMS <br />3