2009-07-24_GENERAL DOCUMENTS - M2009076 (3)

Home Browse Search

removal of the waste rock piles with heavy equipment and earth moving vehicles (i.e. "track type excavator"). The supplementary materials describe a potential 200,000 tons of waste rock material located on 270 acres of property at various locations within Clear Creek and Gilpin Counties. Supplementary Letter at 1. These properties are dispersed but all located within a relatively compact area having a radius of approximately 1.5 miles. The processing area is 40 acres, but the actual processing will be conducted on limited space within that area.' Id. The petition and supplementary letter indicate that Venture Resources intends to eventually excavate, remove, and process all of this material, but at this time plans to conduct an initial test project. The materials do not identify specific sites to be excavated, but state that the determination will be made at a later time. The petition also states that the concentrating mill will use gravity and flotation concentration processes. Petition at 2. The supplementary letter provides additional specifics regarding the milling process. Along with its petition Venture Resources submitted a reclamation feasibility report authored by DRMS's regulatory predessor, a best management practices document also authored by the Division of Minerals and Geology, and a Record of Decision issued by the Environmental Protection agency. These documents generally refer to certain reclamation techniques but do not describe the specific procedures proposed by Venture Resources and offer no information about whether such activities constitute mining operations under the MLRA. II. Analysis A. The proposed activities constitute a mining operation subject to the MLRA. Based on the information submitted in the Petition, Venture Resources asserts that the proposed operation is not mining and does not require a Mined Land Reclamation Act ("MLRA") permit.2 Under the MLRA, the Mined Land Reclamation Board ("MLRB" or the "Board") has sole responsibility for reclamation of areas affected by mining. The MLRB is responsible for establishing reclamation standards and is the only state governmental entity with authority to issue a reclamation permit and require bonding to ensure reclamation. C.R.S. § 34-32- 106(1)(c); § 34-32-109(6). As part of its duties, the Board frequently makes determinations regarding whether proposed operations constitute mining operations which require reclamation permits under the Act. Under the MLRA, all mining operations are required to have a reclamation permit. The Act defines "mining operation" to mean "the development or extraction ' It is unclear whether the 40 acre processing site is among the 270 acres mentioned by Venture Resources or is a separate area. 2 As discussed above, the Division believes that additional materials are needed to evaluate the proposed operations. Based, however, on the materials submitted, the Division has reached conclusion that the proposed activities are subject to the MLRA. 2 1 .r.'.. iia..?. -...._ 1w ._.. ? ??? r"w'?l'?"6,? ?a.1 ?a-- - a?rfilsu'w „: ..: xx?: .??. _.ttiw?i.?.sia?.'""'=ia: