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<br />and agreed to by Battle Mountain. This is mandatory to <br />compliance with the statute. If rinsing will not neutralize the <br />heap leach, then Battle Mountain will be required to dispose of <br />this material pursuant to state and federal hazardous waste <br />requirements. <br />B. Battle Mountain Has Failed To Demonstrate That. Erosion <br />Control Measures Will Be Maintained During Reclamation. <br />Neither Battle Mountain's permit application c~.or later <br />correspondence (Point Nos. 48-57) have addressed whether sediment <br />traps, culverts and diversion drainages will be maintained as <br />necessary for 30 years into the future while the disturbed areas <br />revegetate and are reclaimed. The failure to commit to such <br />maintenance will undoubtedly result in erosion of the declaimed <br />areas, contrary to C.R.S. § 34-32-116(7)(1). Battle Mountain <br />should be required to report to MLRD any breach of a berm or <br />sediment trap, or release of any materials into the environment. <br />C. Battle Mountain Does Not Plan To Reclaim The ~'wo Mini <br />Pits To Their Original Contours So That The Lind Can <br />Returned To Range. <br />MLRD staff has suggested in Point Nos. 60, 61 and 69 <br />that the west mine pit be backfilled to an elevation of` 8600 feet <br />and that Battle Mountain restore the east mine pit to original <br />contours. The west pit should be backfilled to grade toecause of <br />the significant water infiltration into the west mine pit and the <br />-11- <br />