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administered in the state of Colorado as the Colorado Discharge Permit System(COPS) <br /> to regulate point discharges to waterways of the state. Because the adit discharge will <br /> not be conveyed by a pipeline to a discharge point in the Swan River channel, a COPS <br /> permit will not be required for this work. <br /> 9.4 Public Notice <br /> There is no requirement under VCUP regulations to make public notice of a remediabon <br /> conducted under the program. However, adequate public notice is required (CDPHE, <br /> 2001) in order to obtain USEPA's forbearance not to plan or undertake any action under <br /> CERCLA as provided for in the Memorandum of Agreement between USEPA Region <br /> VIII and CDPHE. In order to obtain such forbearance, public notice of the approval of <br /> this VCUP application will be provided by publishing notification of the approval in a <br /> newspaper of general circulation in Summit County. This notice will be published by the <br /> Buyers within 30 days of the approval of this VCUP application, assuming that the <br /> property transfer from B&B Mines, Inc. to the Buyers is completed. <br /> 9.5 Achievement of Objectives <br /> 9.5. 1 Effectiveness <br /> Implementation of this work plan will eliminate or significantly reduce the infiltration of <br /> metals-laden alit discharges into the waste rock and fine-grained tailings materials <br /> located below the adit opening. Routing the adit discharge around the encapsulated <br /> fine-grained tailings via a lined channel will effectively isolate the tailings materials from <br /> the potential leaching effects associated with continued saturation in the slightly acidic <br /> mine discharges(CDPHE,2002). <br /> While diverting the adit discharge around the covered tailings pile will reduce the <br /> leaching of metals from the tailings, there may be additional subsurface flows in the <br /> vicinity of the site that are not associated with the adit discharge (CDPHE, 2002). The <br /> tailings materials may thus not be completely isolated from saturation and subsequent <br /> leaching of contaminants. Installation of additional wetlands in the area immediately <br /> below the toe of the covered tailings pile will further reduce the concentrations of metals <br /> that may reach the Swan River drainage from this source. <br /> Diverting the complete flow of the Swan River into the main channel will further isolate <br /> the fine-grained tailings and the stream-side tailings from the aquatic environment. By <br /> implementing this diversion,the stream-side tailings along the south side of the valley <br /> can be effectively closed in place. The potential for fluvial and wind erosion as well as <br /> contaminant leaching from the stream-side tailings will be greatly reduced. <br /> Improvements to the existing cap over the fine-grained tailings located below the former <br /> mill area will further reduce the infiltration of moisture into these materials. <br /> Improvements will also preclude continued erosion and prevent direct contact with the <br /> fine-grained tailings material. Establishment and maintenance of a native vegetation <br /> cover will further enhance the evapotranspiration of incident precipitation and limit the <br /> spread of exotic species in the area. <br /> Institutional controls will limit the accessibility of the waste-rock materials to hikers and <br /> ATV drivers. Camping will be prohibited at the site, which will limit the opportunity for <br /> direct contact with Impacted waste rock and adit discharges. <br /> IXL/Royal Tiger VCUP Application - ""Page 27 of 33 <br />