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~~/3~OS-~~U2n/~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY / <br />Department of Natural Resources <br />[ 313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I O N O F <br />MIN SRALS <br />GEOLOGY <br />S~f ETY•SCIENCE <br />August 2, 2005 <br />Blii OW2115 <br />CiOVCRWr <br /> Russell George <br />Mr. Todd DYSart / Executive Director <br />Todd K. Dysart Ronald w. Cattany <br /> Division Director <br />11481 CR 370 Natural Resource Trustee <br />Sterling, CO 80751 <br />Re: New Spill Reporting Rule Superseding Existing Permit Condition, Permit No. M2000149 <br />Dear Mr. Dysart: <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 permittees. 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 [he Office that <br />would assist the Office in assessing spill seriousness, such as: <br />(a) <br />(b) <br />(c) <br />(d) <br />operation name, DMG permit number and name of person reporting the spill, <br />telephone number of a responsible company official for the Office staff to use as a <br />contact, <br />date and time of spill, <br />type of material spilled (CAS number if applicable, from the material safety data sheet <br />(MSDS) Form), <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />