2012-02-29_REVISION - M1981021 (3)

Home Browse Search

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