2012-07-23_GENERAL DOCUMENTS - M2012028

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A cursory look at the Environmental Protection Plan requirements immediately indicates that a DMO permit should not be required for our Sand and Gravel Operation. If a DMO permit is required by the Board, how then can MTAA LTD submit an Environmental Protection Plan (34 -32- 116.5(5), as required under the DMO permit application that "will protect all areas that have potential to be affected by designated chemicals, toxic or acid - forming materials or acid mine drainage" as required. As stated above the are NO CHEMICALS being used to Remove the material, or stored ON -SITE. Or, how can MTAA LTD in their Environmental Protection Plan: "Fully describe the procedures for the disposal, decommissioning, detoxification or stabilization for all designated chemicals and toxic or acid - forming materials. Specifically describe measures to be taken to prevent any unauthorized release of pollutants to the environment. Include adequate reclamation and closure practices for such designated chemicals, toxic or acid - forming materials and how unauthorized discharge of acid mine drainage will be prevented." How can MTAA LTD reasonably respond to the above questions, when in fact there is no acid or toxic chemicals being used to Remove the material, except to state N /A. In considering a DMO permit application the Supreme Court case cited above at page 16 states: When considering the application (DMO), the Board determines whether the Plan adequately addresses potential adverse impacts from leach facilities or heap leach pads and whether the Plan "protect(s) the public and the environment from the adverse effects of designated chemicals, acid or toxic producing materials or acid mine drainage." 2 Colo. Code Regs. Section 407.1, Rule 6.4.20(1)(b). How can MTAA LTD's DMO Permit Application and Environmental Protection Plan satisfy "potential adverse impacts from leach facilities or heap leach pads or adverse effects of designated chemicals, acid or toxic producing materials or acid mine drainage ". When in fact there will be no leach facilities or heap leach pads or chemicals or acid mine drainage being used to Remove the material, or stored ON -SITE. It is "burdensome" to require MTAA LTD to obtain a DMO permit with the required Environmental Protection Plan; because, our proposed plan is not a normal "mining operation ". And, there will be NO CHEMICALLY assisted METALLURGICAL RECOVERY PROCESSES UTILIZED in the OFF -SITE Removal project. Said again, MTAA LTD's Removal project is a simple Sand and Gravel Operation occurring many times a day in Colorado without a DMO permit, whereby we would simply MTAA LTD, Removal Permit, Page 7 of 10 pages.