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

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of a mineral from its natural occurrences on affected land. The term ... includes, but is not limited to, open mining, ... surface operations, and the disposal of refuse from underground mining .... The term also includes the following operations on affected lands: transportation; concentrating; milling; evaporation; and other processing." C.R.S. § 34-32-103(8). Based on this definition, the Board and Division have repeatedly required "re- mining" operations, like the one Venture Resources now proposes, to comply with the requirements of the Act.3 For example, as described in the attached materials, the operation covered by the permit for the Gold Hill Mill and Mines, permit no. M-83- 141, was "originally intended to process ore from the dumps of the Cash and Who Do mines and several other dumps closely located to the mill." Exhibit 2 at 1. Similarly, Solution Gold's Druid Project excavated and milled existing waste rock. Exhibit 2 at _. Exhibit 3 to this brief lists other re-mining operations which have been subject to permitting requirements. Like these other operations, the activities proposed by Venture Resources are subject to the requirements of the MLRA and must obtain a permit. The plain language of the Act includes the type of operation Venture Resources proposed by Venture Resources because Venture Resources plans to extract target minerals from source material. Venture Resources' assertion that the waste rock piles and tailings are no longer in their natural occurrence is unavailing. Indeed, the minerals to be extracted by Venture Resources naturally occurred within the bulk rock that will serve as the source material for the proposed operation. The fact that the bulk rock has been placed on the surface by previous mining operations does not mean that the target mineral has been removed from its natural occurrence. To conclude otherwise would mean that the Board's jurisdiction over mining ends when bulk material is removed from the ground. Neither the statute nor practical experience would support such a conclusion. Nor does the regulatory definition of "extraction" Venture Resources cites exempt re-mining operations from permit requirements. Petition at 3. The regulations define extraction as "the removal of minerals and/or overburden from places of natural occurrence to surface locations." Rule 1.1(17). Under this definition, while excavation of bulk rock is necessary to extraction, extraction is not complete upon excavation. As the definition states, the mineral is "extracted" when it is removed from the bulk rock. The proposed 3 Other western states with regulatory definitions similar to Colorado's require permits for remining activities. See e.4., Utah Administrative Code R647-1 (defining "mining operation" as "those activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including, but not limited to, surface mining and the surface effects of underground and in situ mining; on-site transportation, concentrating, milling, evaporation, and other primary processing."); Nevada Administrative Code 445a.364 (Defining "mining" as "the process of extracting ores from the earth."). Regulatory officials at the relevant State agencies confirmed to the attorney general's office that they require mining permits for remining operations relying on these provisions. 3