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~ iii iiiiiiiiiiiii iii L.F. Brown & ~. ~' _ Associates Inc. ~ ;W '~ P.O. BOx 698 Idaho Springs, CO 8(}452 • Deliveries To: 1630 Miner St. Phone: (303) 674-9613 Fax. (303) 567-9306 RFr,EIVED FEB ~ 9 1996 February 5, 1996 Mr. Berhan Keifelew Division of Minerals and Geology 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Division of ivtinerals 8 Geology Re: Smuggler Mine, File No. 95-097 -Clarification of Water Sampling Requirement Dear Mr. Keffelew: Before and after the permit application was approved on January 19, 1996 you and I were trading phone calls for a few days and finally discussed various aspects of the application and approval about a week after it was approved. The discussions revealed that I had misinterpreted one of the adequacy requirements in your Adequacy Letter of January 8, 1996. And, as discussed, I would now like to clarify that regt~iremertt for the record. On page 2 of your adequacy letter, after item 4, you stated "Before the operation increases from the existing plan of approximately 10 tons per day per the mining plan, five quarters water quality for both suKace and ground water will be required. The Division suggests the operator start collecting this data as soon as possible." One of the many things we pointed out in our response, dated January 12, 1996, was that our application committed to a maximum production rate of 25 tons per day. Your permit approval letter, dated January 23, 1996, stipulated that the "Operator will not exceed the current approved production rate until written approval is granted by the Division." Therefore, we were approved at 25 tons per day and our discussions and your final approval revealed that your intent was to require us to do the following: 1) provide one complete suite analysis of water quality data from the lower levels of the mine before operations commence, 2) obtain Division approval before the operation exceeds our maximum average production of 25 tons per day, and 3) provide the Division with 5 quarters of groundwater quality data before expanding the mining rate beyond the maximum average of 25 tons per day.