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Please note that cursory statements of assurance communicate the Permittee's desire to comply but do <br />not demonstrate how the proposed activities will be compliant. Therefore, the proposal is substantially <br />incomplete for the purposes of filing and would remain, if officially submitted, not filed until it included all <br />applicable exhibits required under Rule 6.3. <br />The proposal attempts to make significant changes to the reclamation plan inappropriately through the <br />Technical Revision process. Pursuant to Rule 1.1(52), Technical Revisions are appropriate for changes <br />which do not have more than a minor effect upon the reclamation plan. Pursuant to Rule 1.1(6), <br />Amendments are appropriate for changes which have a significant effect upon the reclamation plan. <br />The proposal lists numerous and significant changes to the reclamation plan to include, but not limited to: <br />• construction of a new portal; <br />• construction of steel set entry for the new portal, approximately 100 feet in length; <br />• construction of a mill facility; <br />• use of chemicals in the milling process; <br />• use of fresh water and process water in the milling process; <br />• underground disposal of mill tailings, possibly in contact with ground water; and <br />• crafting and implementation of a water quality monitoring plan for ground and surface water. <br />Clearly, the incorporation of a mill facility, with underground disposal of mill tailings, and the crafting and <br />implementation of a water quality monitoring plan sufficient to ensure compliance with Rules 3.1.6 and <br />3.1.7,, represents more than a minor change to the existing reclamation plan. Such changes will have a <br />significant effect upon the reclamation plan and must be submitted for review through the Amendment <br />process in accordance with the requirements of Rule 1.10. The current review fee for an Amendment at a <br />110(2) type operation is $661. However, if th,e Division determines that the proposed operation qualifies <br />as a Designated Mining Operation the review fee will be $2,300. <br />Copy of the Act and Rules are available at the Division's web site at www.mining.state.co.us. The Division <br />strongly encourages Permittees and Operators to read the Act and Rules and become familiar with the <br />requirements and obligations of conducting a mining operation within the State of Colorado. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, <br />Colorado 81301, phone (970) 247-5469, if you have any questions. <br />Sincerely, ) / <br />-F? <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />cc: Steve Shuey, by electronic transmission