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<br />Mr. Dean Massey <br />Mr. Richard Mills <br />April 18, 1980 <br />Page 2 <br />2. Under date of May 10, 1978 the MLRB wrote CDM <br />requesting additional information on ground water <br />and advising that it may be possible to avoid <br />ground water monitoring if it can be shown that <br />the mine is "operating well above any perched or <br />continuous aquifers". The same correspondence <br />also requested discussion of some comments made by <br />the Colorado Division of Water Resources and <br />requested that the consultant deal with the <br />requirements of the interim regs as they applied <br />to the mine. <br />3. Under date of May 18, 1978 CDM wrote to the MLRB <br />asserting that the mining operation in fact was <br />above any "perched or continuous aquifer" on the <br />basis of some preliminary drilling which had been <br />done and because of a discussion with a Virgil <br />Stoaks, as well as topographic analysis of the <br />base line of any cut with the surface of Grassy <br />Creek. This correspondence also discussed the <br />requirements of the Colorado Division of Plater <br />Resources. The correspondence did not specifically <br />state a position of the mine operator with respect <br />to ground water or suface water monitoring. <br />4. The same correspondence of May 18, 1978 also <br />contained a six page and very simplified "statement <br />of compliance" with the Interim Regs. when <br />discussing the Regs relating to hydrology, <br />assertions were made as to lack of impact upon the <br />acquifers and as to our expectation that there <br />would be no surface water run-off from the disturbed <br />areas. Based on these assertions, clear statements <br />were made in this submittal that there would be no <br />measurement of surface water discharges, nor any <br />form of surface water monitoring. In addition, on <br />the assertion that ground water infiltration rates <br />were nominal and that a Randy Overton of the MLRB <br />had discussed ground water data with Ron Shiff of <br />the Colorado Division of Water Resources, the <br />decision was made that there was such small impact <br />on the underground water that no ground water <br />monitoring would be required. <br />5. Under date of May 30, 1978 the MLRB advised the <br />company that its permit had been approved on t4ay <br />25, 1978 subject to an agreement on the part of <br />the company to submit technical revisions as may <br />be necessary. <br />