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1 <br />~ 1 <br />i , <br />1 <br /> <br />1 <br />1 <br /> <br />t <br />1 <br /> <br /> <br />1 <br /> <br /> <br />t <br /> <br />1 <br />sz <br />1 in the water that will be associated with this <br />2 facility are not considered to be toxic to wildlife <br />3 or to birds. The birds generally established <br />4 criteria for avian mortality based on cyanide is <br />5 50 parts per million free cyanide and we are <br />6 anticipating less than 3.8 parts per million free <br />7 cyanide in this. So we are odds of magnitude less <br />8 than the avian mortality criteria. <br />9 I also want to point out that we have <br />10 amended the emergency response plan that was <br />11 presented in the approved permit. That plan has <br />12 been amended to include the tailings facility and to <br />13 eliminate the heap leach facility. The emergency <br />14 response plan is designed to allow Battle Mountain <br />15 Gold flexibility to react on a case-by-case basis, <br />16 depending on the circumstances of any spi:11 that <br />17 could occur on-site. <br />18 I spoke on water rights earlier. We -- <br />19 the Battle Mountain Gold will comply with the <br />20 condition of its approved reclamation permit that <br />21 requires it to obtain water rights and they legal <br />22 right to utilize these rights prior to leaching or <br />23 processing of any ore. <br />24 Since the approved permit was issued, <br />25 Battle Mountain has acquired adequate water rights <br />AGREN, BLANDO & BILLINGS <br />1 <br />