October 5, 2021

Via UPS Overnight and

Email at dustin.czapla@state.co.us


Mr. Dustin Czapla

Division of Reclamation, Mining and Safety

1313 Sherman Street, Suite 215

Denver, CO 80203

Re: Objection and Protest

Leadville Mill Permit Application

CJK Milling Company, LLC

M1990-057

Dear Mr. Czapla:

On behalf of this firm’s clients Diane and Brad Smith, Ruth Goltzer, Jim Kohlmoos, Christina and Derrick Wood, Betty and George Benson, Anne and Justin Fowler, Patricia and Brian Nagel, Doug Yeakel, Laurie Strasburger, and Steven McCauley, who are collectively referred to herein as Concerned Citizens of Lake County or Concerned Citizens, we provide this following reply to CJK Milling Company’s responses to our Objection and Protest.

The Applicant’s effort on this cyanide milling project has been riddled with oversights, errors, inadequacies, and ambiguities.  An applicant that cannot produce a complete and coherent application should not be trusted to operate a cyanide milling and disposal operation.  

Consistent with its modus operandi, the Applicant’s responses to the Concerned Citizens’ Objection and Protest is merely a set of ambiguous responses that essentially are requests for the Concerned Citizens and DRMS to trust the Applicant to properly manage the cyanide and other process chemicals.  Those responses, particularly in light of the Applicant’s historical efforts, provide no comfort.  Moreover, without specific descriptions, testing, and stamped engineered drawings and specifications, there are no criteria against which to evaluate Applicant’s compliance.  Without those details, the application is inadequate and should be denied.

Every response provided by the Applicant was inadequate, unresponsive, and/or ambiguous.  Examples of Applicant’s woefully inadequate responses include the following:







All of the issues raised by the Concerned Citizens are important matters and the Applicant should be required provide full and clear answers, including engineer-stamped drawings and specifications before proceeding with consideration of its application.  We thank the Board for consideration of the comments provided by this letter.  Please feel free to contact me with any questions about these comments.

Sincerely,

BURNS, FIGA & WILL, P.C.




Scott A. Clark

SAC/mjf