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MTAA LTD's OPTIONS <br />As it stands today, MTAA LTD basically has four options: <br />(1) to do nothing and allow the current Problems to continue. <br />(2) to Reclaim the material ON -SITE. <br />(3) to Reclaim by OFF -SITE REMOVAL of the material to an <br />established out of State facility. <br />(4) if a permit is refused; or, if the permit requirements are to <br />burdensome, then to obtain "just compensation" from the State. <br />PAST PROCEDURE <br />In November 2011, MTAA LTD attended a meeting at Leadville, Colorado with the <br />EPA, wherein MTAA LTD was advised many times by the EPA, that the EPA could not <br />prevent them from Removing the material from the Leadville site. That meeting was <br />attended by three MTAA LTD representatives. We could produce them for the Hearing. <br />In April 2012, MTAA LTD chose to go forward by first seeking a Building Permit <br />from the City of Leadville, Colorado for an ON -SITE Reclamation Recovery Building. <br />During this process the Colorado State Health Department intervened stating that we <br />would receive no City Building Permit until we satisfied them. Later they issued a letter <br />with many conditions. This letter encouraged us to simply slow down the City Building <br />Permit process, and to explore OFF -SITE and out of State Removal and Reclamation <br />procedures with the Colorado Division of Reclamation, Mining and Safety, Department of <br />Natural Resources, and with the Board, under the Mined Land Reclamation Act (MLRA). <br />On June 14, 2012, MTAA LTD filed a "Do I need a Permit" questionnaire under the <br />MLRA concerning OFF -SITE REMOVAL of less than ten (10) acres, and less than 70,000 <br />short tons volume per year, with the hopes of not needing a permit, or at least some form of <br />short permit. We have since received the negative response below suggesting a DMO <br />permit would be required, along with a required Environmental Protection Plan. <br />Thus; we hereby withdraw any and all limitations as to acres and yearly tonnage in <br />our continued request for a proper Reclamation permit, from the MLRA Board. <br />PETITION TO APPEAR BEFORE THE BOARD. <br />We strongly object to Mr. Shuey's recommendation to the Board concerning the <br />DMO permit and resulting Environmental Protection Plan in his Response outlined below. <br />Thus, we hereby PETITION TO APPEAR BEFORE THE BOARD during the next formal <br />public hearing for a formal Declaratory Order concerning this matter. <br />As a basis for the Public Hearing, we admit that the General Assembly created the <br />MTAA LTD, Removal Permit, Page 2 of 10 pages. <br />