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Wallace H. Erickson <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />December 16, 2013 <br />BMRI provided to DRMS by letter dated April 15, 2013 in response to the original February 26 <br />complaint letter. <br />1) It refers to the Division encountering Allen Jewell, a geotechnical engineer, who was <br />conducting a stability and safety evaluation of the tailings facility (LTF). Mr. Jewell <br />reported that he had been retained by the Operator Battle Mountain Resources, Inc. <br />(Report p.3) Has Mr. Jewell ever submitted an oral or written report or written <br />materials to DRMS as to his evaluation of the LTF? Will the County be able to receive a <br />copy of the information that Mr. Jewell has provided to DRMS, or presumably will be <br />providing to DRMS in the future? If so, we would like to receive a copy. <br />Response to Paracraph 1: <br />Mr. Alan Jewell, P.E. is an employee of Miller Geotechnical Consultants, Inc. (MGC), an <br />engineering consulting firm based in Fort Collins, Colorado that specializes in dam engineering. <br />MGC is conducting a dam safety evaluation for BMRI in accordance with the approved <br />Technical Revision No. 33 (TR -33) of the San Luis Project Permit No. M- 1988 -112. TR -33 is a <br />Tailing Dam Safety Inspection and Reporting Program (Program). MGC is in the process of <br />completing the "Initial Formal Technical Inspection," as described in Section 3.1 of the Program <br />document. Mr. Jewell was conducting the "Initial Site Inspection" task in accordance with <br />Section 3.1.2 of the Program on May 13, 2013, at the time he encountered Mr. Erickson as <br />referenced in the DRMS Report. <br />Work in progress by MGC under the Program includes: reviewing previous engineering <br />studies and analyses that were completed by others as part of the original facility design; <br />evaluating historic monitoring data; and conducting additional engineering surveys and analyses <br />needed to complete the dam safety evaluation. The results of the site inspection, data review and <br />supplemental engineering analyses will be documented in the "Initial Detailed Inspection <br />Report," as described under Section 3.1.3 of the Program document. The Initial Detailed <br />Inspection Report will be submitted to DRMS upon completion, which is anticipated to be in <br />February 2014. BMRI has no objection to DRMS providing Mr. McClure with a copy of that <br />report. <br />2) It indicates that a 20 acre free water pool was observed in the 192 acre LTF and that <br />the Operator indicated that the current depth of the free water pool is approximately 2 <br />feet. (Complaint p.3) The pool reflects the free water surface. The area of containment of <br />water appears to be used as a reservoir and storage facility. Deposition testimony of Bill <br />Lyle and Julio Madrid in November 2012, current and former supervisors of the mine <br />site, indicate that the depth of water in the pool and the volumetric configuration of the <br />