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MTAA LTD's PROPOSED PLAN TO REMOVE MATERIAL. <br />Before a DMO permit is necessary under C.R.S. 34 -32- 103(3.5) and the Colorado <br />Supreme Court's interpretation of that Statute, on page 16, "a mining operation at which <br />(t)oxic or acidic chemicals used in extractive metallurgical processing are present on site." <br />Something must ADDED TO the material, such as foreign chemicals in heap leaches, or <br />other metallurgical recovery process, to make the natural material acidic or toxic. <br />MTAA LTD's Removal Plan and their Removal Questionnaire previously submitted <br />to the Board does not state, nor imply that any "toxic or acidic chemicals" will be ADDED <br />TO the material, UTILIZED, or be stored ON -SITE. It does not state, nor imply that <br />there will be any "metallurgical processing" of any kind ON -SITE. It does not state, nor <br />imply that there will be anv "extraction", in the usual mining sense, ON -SITE. It does not <br />state, nor imply that there will be any "mining operation ", in the usual sense, ON- SITE. <br />Each and every one of the above required elements are required by both C.R.S. 34- <br />32- 103(3.5) and the above cited Colorado Supreme Court case. See Page 16 as follows: <br />"Bv defmition of the General Assembly, "'Designated Mining Operation' <br />means a mining operation at which (t)oxic or acidic chemicals used in the extractive <br />metallurgical processing are present on site." Citing Section 34- 32- 103(3.5)." <br />There is nothing difficult about MTAA LTD's Removal process. No acidic or toxic <br />chemicals will be used, or stored on site. The is no metallurgical processing. The material <br />is already reduced to 200 -400 mesh. The material will simply be loaded onto trucks and <br />trailers and taken to a Railroad siding and loaded onto freight cars for transportation to a <br />newly established Railroad and Mining Industrial area, out of State. <br />MTAA LTD's Removal process is simply like a normal Sand and Gravel operation, <br />similar to the exemption given to the permit process under state highway Sand and Gravel <br />projects. The processes for the Removal of Sand and Gravel is accomplished many times <br />daily within Colorado without causing environmental, or Public Health concerns, or <br />requiring a DMO permit. Under the General Assembly's statutory definition expressed in <br />C.R.S. 34 -32- 103(3.5) above, and the above cited Colorado Supreme Court case, a DMO <br />permit SHOULD NOT be required for MTAA LTD's simple material Removal project. <br />The Mayor and the City of Leadville, Colorado wants the Mill Tailings removed. <br />They have a plan to put the affected land (Apache Mill Tailings site) to a beneficial use for <br />the people of the City and the People of the State of Colorado. At the conclusion of the <br />Reclamation process and the satisfaction of any required Bond, MTAA LTD has notified <br />the City, by a letter to the Mayor, of their intention to transfer the Reclaimed land to the <br />City for the City's general beneficial use and enjoyment. <br />DMO PERMIT PROBLEMS <br />MTAA LTD, Removal Permit, Page 6 of 10 pages. <br />