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~~-~-~~ 9 _ ~ - ~ s-y~o <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY / <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />August 2, 2005 <br />Mr. Alan Cox <br />Homestake Mining Company / <br />6719-D Academy Rd. NE <br />Albuquerque, NM 871093375 <br />t~erul~NEa MAIL. 09•a3'~S <br />COLORADO <br />D IYISION OF <br />MINERALS <br />GEOLOGY <br />REC LAM ATION•NINING <br />SAFETY•SCIENCE <br />BIII OW205 <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natual Resource Trustee <br />Re: New Spill~ieporting Rule Superseding Existing Permit Condition, Permit No. M1977215 / <br />Dear Mr. Cox: <br />As you may know, on April 13, and June 14, 2005, the Mined Land Reclamation Board promulgated <br />amendments to the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock Metal and Designated Mining Operations (Hardrock Regulations) and the Construction Materials Rules <br />and Regulations (CMA Rules), found at 2 CCR 407-1 and 2 CCR 407-4, respectively. Among the amendments <br />to both sets of regulations is one that establishes spill reporting requirements for operators and pennittees. The <br />new rule for both sets of regulations is Rule 3.1.13, which states: <br />The Mine Operator shall Notify the Office of a spill of any toxic or hazardous substance, including spills of <br />petroleum products, that occurs within the mined land permit area or area encompassed by a Notice of <br />Intent and which would be required to be reported to any Division of the Colorado Department of Public <br />Health and the Environment, the National Response Center, the Colorado Emergency Planning <br />Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the <br />State Oil Inspector. The Operator shall: <br />(1) within 24 hours of the time the spill is reported to any other agency(ies) with jurisdiction over the <br />spill, notify any DMG Minerals Program Field Office or the Minerals Program Denver Office, <br />Division of Minerals and geology, via phone, facsimile, or email; <br />(2) include in the notice any relevant information known at the time contact is made with the Office that <br />would assist the Office in assessing spill seriousness, such as: <br />(a) operation name, DMG permit number and name of person reporting the spill, <br />(b) telephone number of a responsible company official for the Office staff to use as a <br />contact, <br />(e) date and time of spill, <br />(d) type of material spilled (CAS number if applicable, from the material safety data sheet <br />(MSDS) form), <br />Once of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geologiral Survey <br />