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• :, In implementing the closeout at the Smuggler Mine, the EPA should recognize certain obligations and limitations of the State, and may wish to examine further the language in the State Mining Permit. a. The Mined Land Reclamation Act does not address "direct ingestion by contact" of mine waste at mine sites. Authority to do so is certainly open to interpretation, and could be interpreted by the Boazd to be unauthorized. b. According to the current mining and reclamation plans at Smuggler, and under the Act and the Rules and Regulations, operators aze not obligated to prevent direct ingestion by contact. c. The operator is obligated to prevent off-site damage from blowing dust. d. The Act and the approved reclamation plans do not require pennittees to prevent site access beyond the life of their mine, that is, after termination of the MLRB Permit. Site security, according to the mining and reclamation plans, shall consist of fencing, gating, and signage. Human security is not a component of the approved plans for site security. e. Although the life of the Smuggler mine, under the current permit, is predicted to last "for 50 yeazs, or as long as the site proves viable," there is no obligation to perform for any specified length of time. f. The MLRB is not obligated, nor does it have the authority, to regulate mine properties on behalf of third parties. g. The current reclamation plan does not require covering, capping or other preventive measures that would prevent contact by direct ingestion. h. Vegetative cover will probably limit access to soils to some degree, but the degree of required vegetative cover need be no greater than that which exists naturally on adjacent slopes. i. The cuaent MLRB Permit could be assigned by the current permittees to anyone willing to accept the current permit conditions of the permit and post the appropriate reclamation bond. j. Current permit conditions are not tied to the AOC. Permit conditions can be amended, periodically, with permission from the Boazd. The process for approving permit amendments does not assure that EPA will be notified, or that they will be awaze of changes in progress. In sttrnmary, EPA consider direct ingestion of the soils and mine waste at the Smuggler Mine to be a possibility that is of concern to the public. Mining statutes of Colorado do not provide explicitly for protection against direct ingestion of mine waste. The AOC appears to require that the DMG enforce certain obligations of the AOC, even though the DMG was not a party to the AOC, and even though such enforcement powers are not within DMG's authorities. The Closeout Report incorrectly states that conditions of the AOC aze wholly contained within the currently approved State Mining Permit. It may be prudent for EPA to re-examine the MLRB Permit conditions to assure that the Closeout Report accurately states the conditions that will be required to exist at the mine site. EPA should consult with DMG officials concerning limitations that may exist in their authority to regulate the Smuggler property on EPA's behalf. .