2012-07-23_GENERAL DOCUMENTS - M2012028

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"It is the intent of the general assembly by the enactment of this article is to FOSTER AND ENCOURAGE the development of an economically sound and stable mining and minerals industry and to encourage the orderly development of operation to reclaim land affected by such operations so that the affected land may be put to a use beneficial to the people of this state.". Page 8. (Emp. Added). The General Assembly "encourage(d) the development of an economically sound and stable mining and minerals industry" along with "encourag(ing) the orderly development of the state's natural resources. ". Page 13. C.R.S. 341 -32 -102. In so providing, the General Assembly recognized that valuable mineral deposits exist where natural forces have placed them, and the mineral industry depends on being able to conduct safe and effective operations to extract those minerals, INCLUDING TAILINGS LEFT OVER FROM PRIOR MINING OPERATIONS. Page 14. (Emp. Add.) "The statutory amendments enacted by Senate Bill 98 -247 created a new category of mining operations, Designated Mining Operations. Section 34 -32- 103(3.5), - 112.5. ". "These include operations utilizing toxic or acidic chemicals, such as cyanide, for extractive metallurgical processing." Page 9. 34- 32- 103(3.5)(a)(I) ". "The General Assembly's purpose of the DMO permit was to "ensure that mining operations utilizing toxic or acidic chemicals would receive increased regulatory oversight under the MLRA." Page 9. (Emp. Added) "Bv definition of the General Assembly, "'Designated Mining Operation' means a mining operation at which (t)oxic or acidic chemicals used in the extractive metallurgical processing are present on site." Page 16, Citing Sec. 34 -32- 103(3.5)." MLRA RESPONSE TO MTAA LTD'S QUESTIONNAIRE A June 27, 2012 letter response from Steve S. Shuey, Senior Environmental Protection Specialist, State of Colorado, Division of Reclamation, Mining and Safety to our questionnaire, was received wherein he expressed in pertinent part as follows: "Based on the information contained in your questionnaire response, it is the Division's Opinion that you will be required to obtain a reclamation permit from the Mined Land Reclamation Board. ". "In addition, because the material to be excavated is apparently an acid and toxic producing material, please be aware that this proposed operation will most likely meet the definition of a Designated Mining Operation (DMO) as defined in C.R.S. 34 -32- 103(3.5) of the Colorado Mined Land Reclamation Act (Act) and MTAA LTD, Removal Permit, Page 4 of 10 pages.