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

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Venture Resources repeatedly asserts its intention is to "clean up" historic mine waste by reprocessing it for valuable minerals. The Division recognizes the value of such operations. The Division also recognizes, however, that the disturbance created as a result of Venture Resources' operations may create significant environmental impacts, including acid mine drainage.5 Through the MLRA, the legislature imposed minimal requirements on such operations to ensure the protection of public health and the environment.6 The requirement of a permit will not close down or prevent the proposed activities, it will merely subject the operation to the regulatory controls set out by the legislature. Accordingly, the Division recommends the Board conclude that Venture Resources is required to apply for a permit for the proposed operations. Respectfully Submitted this 7t" Day of August, 2009. JOHN W. SUTHERS Attorney General PETER J. HACK, #34430* Assistant Attorney General Resource Conservation Unit Natural Resources & Environment Section Attorney for the Colorado Division of Reclamation, Mining and Safety 1525 Sherman Street, 7th Floor Denver, Colorado 80203 Telephone: 303-866-5532 E-Mail: jeff.fugate@state.co.us *Counsel of Record 5 Both the Druid Project and the Gold Hill Mill re-mining operations were subject to repeated enforcement actions for failure to comply with performance standards. See Exhibit 1 at _; Exhibit 2 at _. Moreover, these operations caused significant environmental impacts and required extraordinary reclamation efforts. 6 Venture Resources is already familiar with the permitting process having recently obtained an approved permit application, M-2008-037. In meetings with CDPHE and DRMS, Venture Resources stated that it had originally intended to feed the mill with ore obtained from this permitted operation. 5