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require a DMO permit as detailed in Rule 3, 6, and 7 of the Hard Rock, Metal, and <br />Designated Mining Operation Rules and Regulations of the Colorado Mined Land <br />Reclamation Board (Rules) with an Environmental Protection Plan as specifically <br />detailed in Rule 6.4.21 and Rule 7. ". (Emp. Added) <br />"Please be advised that this opinion is being offered based on the information <br />provided in you response. The Mined Land Reclamation Board has requested that <br />the Division make determinations as to the need for a Mined Land Reclamation <br />Permit. If you have any concerns or disagree with this decision, you may petition to <br />appear before the Board during a formal public hearing for a formal Declaratory <br />Order concerning this matter. ". (Underlining added by MTAA LTD) <br />MTAA LTD'S ANSWER TO THE MLRA REPLY <br />In answer to the above Board letter Response, and in conformity with the above <br />cited case, we concur that we "will be required to obtain a Reclamation Permit from the <br />Mined Land Reclamation Board. ", and we have no objection to that requirement. <br />However, we most strongly object to Mr. Shuey's further conclusions as follows: <br />In addition, because the material to be excavated is apparently an acid and <br />toxic producing material, please be aware that this proposed operation will most <br />likely meet the defmition of a Designated Mining Operation (DMO) <br />and require a DMO permit with an Environmental Protection Plan. <br />( Shuey's citations removed) <br />Mr. Shuey cites no real authority for his erroneous conclusion. Thus, the key <br />words are APPARENTLY and MOST LIKELY. It is apparent to me that, because of the <br />prior involvement of the federal EPA. And, the confusion between the Mill Tailings (OU -7) <br />and the Asarco Gold Company (OU-4) site, that it is most likely safe to take this position. <br />We agree with Mr. Shuey that the Board should make the decision. Thus, we <br />encourage the Board to render a lasting decision to "FOSTER AND ENCOURAGE" the <br />Mining Industry of the State of Colorado so that prior mining sites can be Reclaimed, as <br />authorized and directed by the General Assembly and confirmed by the Colorado Supreme <br />Court; while at the same time, applying only reasonable restrictions that actually do <br />protect the Public Health. This Mined Land Reclamation request will provide new <br />economical uses of the land for the City's benefit, and provide new jobs for the area. <br />Our material is simply the Mill Tailings from the Homestead Milling Company that <br />operated on this site from 1880 to 1941. These Mill Tailings are simply Natural Occurring <br />Organic Material found all over the Rocky Mountains of Colorado. They simply are not <br />acidic or toxic by Nature. Otherwise, a DMO permit will be needed for all mining <br />operations in the State of Colorado. So far, this is simply not a current requirement. <br />MTAA LTD, Removal Permit, Page 5 of 10 pages. <br />