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The Operator waived his right to a statutory decision deadline in four correspondences dated December <br />1, 2008, February 19, 2009, May 19, 2009 and August 12, 2009. The Operator did not otherwise respond <br />to the adequacy issues until August 24, 2009, when the Division received the Operator's letter dated <br />August 12, 2009, with attached results of laboratory rock analysis. The Operator attempted to respond to <br />the DMO determination but did not address the performance standards of the Act and Rules. On January <br />29, 2010, the Division received additional results of laboratory analysis with summary and data <br />interpretation from Ms. King. Again, the Operator attempted to respond -to the DMO determination but <br />did not address the performance standards of the Act and Rules. <br />The Division reviewed the information submitted by the Operator and generated a technical memo from <br />David Bird, dated February 11, 2010, in which the Division requested additional information. The <br />technical memo was forwarded to the Operator on March 10, 2010, as an attachment to an email <br />correspondence to Ms. King. Copy of the Division's technical memo is also enclosed with this <br />correspondence. <br />Pursuant to Rule 1.4.1(10), it is the Operator's burden to demonstrate that the application meets the <br />minimum requirements of the Act and Rules. The Operator has failed to demonstrate that the plans <br />proposed through TR-02 are compliant with the performance standards oi`the Act and Rules, and the 365 <br />day period provided by Rule 1.4.1(9) has passed. Therefore, pursuant to C.R.S. 34-32-115(4) the Division <br />has denied TR-02. <br />Please submit plans for the proposed mill facility as an Amendment to the permit, in accordance with the <br />requirements of Rule 1.10. Through the Amendment process the Division will finalize its DMO <br />determination for the proposed operation. Please note that the mill facility should not be activated until <br />the Division has fully approved the Amendment. Activation of the mill facility prior to the Division's <br />approval of the Amendment and associated financial warranty may result in enforcement action for <br />failure to comply with the conditions of the approved permit and the Act and Rules. <br />Please contact me at the Division's office in Durango at 691 County Road 2.33, Suite A-2, Durango, <br />Colorado 81301, phone (970) 247-5469, if you have any questions. <br />Sincerely, <br />? <br />r? <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />Enclosure: DRMS technical memo from David Bird, dated February 11, 2010 <br />ec: Steve Shuey, DRMS GJFO <br />David Bird, DRMS Denver