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Dan Hernandez <br />Page 2 <br />April 11, 2007 <br />migration would result only if ground water flows up dip. At the loadout; the site does <br />not have the potential to generate a significant amount of leachate because there were no <br />large excavations at the loadout and no significant spoil or refuse remains on the site. <br />Further, Tom indicates that ground water points of compliance are not warranted for <br />alluvium because of "Limited Use and Quality". <br />These findings may be substantiated and supported by (The Basic Standards for Ground <br />Water section 41.4.B.S.c.), if the following can be demonstrated. <br />• Ground water is not used for domestic or agricultural uses within the specified <br />area; <br />• Domestic or agricultural use of the ground water cannot be reasonably expected <br />in the future, considering geologic and hydrologic conditions; and <br />• The sites do not impact ground waters such that water quality standards of <br />classified surface water bodies within the specified area will be exceeded. <br />Hence, if the criteria specified in sections 41.4(B)1, 2, 3or 4 of the Basic Standards for <br />Ground Water are not met, a classification of "Limited Use and Quality" would be <br />appropriate and may support a decision to not establish ground water points of <br />compliance. <br />For the bond release findings and to substantiate the conclusion that points of compliance <br />will not be needed, I recommend that we document Tom's conclusions regarding the <br />geologic and hydrologic conditions at the Marr Mine site and the "Limited Use and <br />Quality" findings for the alluvium at the Loadout. <br />In conclusion, I do believe that groundwater in the vicinity of the mining activity has <br />been impacted, but ground water points of compliance may not be necessary based on our <br />documentation of geologic and hydrologic conditions, and our determination of the use <br />and classification of groundwater at the Man Mine and Loadout locations. <br />Please let me know if you have any questions regazding my review. <br />C: Tom Kaldenbach <br />Sandy Brown <br />