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Page 7 of 10 <br />The Division's Response: Throughout the EPP review process, the Division frequently <br />communicated with other agencies, especially in discussing areas of mutual jurisdiction and <br />consistency of plan requirements. The Division has proceeded in accordance with all applicable <br />MOUs. CDPHE Air Pollution Control Division permit number 07SM1140 (regarding ventilation <br />of underground workings) is included as EPP Attachment D. WQCD CDPS - Stormwater permit <br />no. COR- 040223 is included as EPP Attachment F. EPA's Compliance Plan (regarding <br />monitoring, recording and reporting of "National Emission Standards for Hazardous Air <br />Pollutants" (NESHAPs)) is included as EPP Attachment L. <br />9. Objection: The Sunday Mine Complex is the subject of an ongoing baseline characterization and <br />monitoring program mandated by the Bureau of Land Management ( "BLM ") as part of its <br />obligations under the National Environmental Policy Act ( "NEPA "). The Sunday Mine Complex <br />is also within the scope of the ongoing Programmatic Environmental Impact Statement ( "PEIS ") <br />that is being prepared for the Department of Energy's Uranium Leasing Program ( "ULP "). The <br />Division should coordinate with the federal agencies and should not act until "all relevant impact <br />reviews have been accomplished." See September 2011 Letter, 1; August 2009 Letter, 6. <br />The Division's Response: The Division reviews an EPP Amendment to ensure that it complies <br />with the applicable provisions of the Act and the Rules, not BLM's NEPA process. Nevertheless, <br />the Division has discussed the EPP Amendment with BLM's staff at the Tres Rios Field Office <br />regularly and frequently and has coordinated regulatory efforts with BLM to the greatest extent <br />possible in accordance with the MOU. The Division has gathered valuable input from BLM. For <br />example, the Division concurred with BLM's desire for more rigorous groundwater monitoring <br />and incorporated requirements for additional monitoring well locations into the EPP. The <br />Division will continue to communicate with BLM throughout the life of the permit. If any <br />additional issues are identified through the federal NEPA analyses, the Division will work with <br />the Operator and BLM to update the EPP where appropriate. <br />The Objectors incorrectly assert that the mine site lies within the Department of Energy's ULP. <br />All boundaries of the Sunday Mine Complex lie within 10,000 feet distance south of County <br />Road 20 R in T44N, R18W. The Division obtained a map of ULP lands from BLM that clearly <br />indicates the Sunday Mine Complex is not near any ULP tract. Thus, the PEIS is not relevant to <br />the Division's consideration of this EPP Amendment. <br />Permit has been in Temporary Cessation Too Lona (C.R.S. 34- 32- 103(6)(a)(III), and Rule 1.13.9) <br />10. Objection: The Sunday Mines have been in Temporary Cessation since 1999, in violation of the <br />Act's requirement that "in no case shall temporary cessation of production be continued for more <br />than ten years without terminating the operation and fully complying with the reclamation <br />standards of this article." C.R.S. § 34- 32- 103(6)(a)(III). September 2011 Letter, 2; August 2011 <br />Letter, 3. <br />The Division's Response: The Objectors are misinformed. The Operator is in full compliance <br />with C.R.S. § 34- 32- 103(6)(a)(III), and Rule 1.13.9. The West Sunday Mine was in active <br />operation from 2007 -2009. During this period of time, the Operator engaged in activities <br />consistent with the definition of active mining and inconsistent with the regulatory factors <br />indicating that TC is appropriate. See C.R.S. § 34 -32- 103(8); Rules 1.1(31) and 1.13.2. The <br />Operator opened a previously- closed mine portal and mobilized the site in 2007. It produced <br />approximately 37,000 of ore in 2008 and 40,000 tons of ore in 2009 that was shipped to its mill <br />facility in Utah. See 2007, 2008, and 2009 Annual Reports. In May 2010, the Operator <br />submitted "Revision TC -2" informing the Division that active operations had ceased on <br />