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Again, the stope MDI is going to use is dry and remains that way throughout the entire season. Since MDI is going to be required to monitor water quality periodically and our baseline samples are indicating compliance with chronic aquatic life standards, would it make sense to let continued compliance serve as a testament to the fact that our tailings have been securely disposed of in the stope? MDI sincerely believes that it can rely on the operators knowledge of the Neglected Mine and its history to guide MDI through these responses. Mr. Harold Luzar Jr., MDI's Operator, has been underground to survey the Neglected site many times, especially the 65, 85, and 125 foot levels. He has never encountered difficulties traversing these levels due to water, in fact, the lack thereof made surveying easier. MDI has requested and will submit any information regarding water levels as soon as it receives any. But, since there is such a lack of an abundance of such material MDI has had to substitute information from personal physical inspections of the Neglected mine. 10. What is the expected volume of the new tailings pond, and how long will it take to fill to capacity at the proposed production rate? Do the tailings pond designs allow for freeboard to accommodate water accumulation from major precipitation events when the pond is filled to capacity?. If so, how much freeboard is designed into the structure, and what precipitation event is it designed to contain? The volume for the tailings pond is 67,900 ft'. By MDI's calculations, running at maximum capacity, the tailings pond will contain the maximum amount of tailings after a season and a half, at which time disposal will begin. Our calculations did allow for three feet of freeboard, and storage of process water during the winter. The percentage breakdown of the different volumes occupied in the pond are roughly as follows: process water storage 8%, three feet of freeboard 29%, and tailings storage 63%. Three feet of freeboard is sufficient enough to contain a 100 year 24 hour rainfall event, which would yield approximately 4.5 inches of rain. This information was found on the United States Soil Conservation Service Isopluvial curves for the State of Colorado. 11. Will the tailings pond be emptied of all tailings before site shutdown each fall? Not necessarily, it will be emptied as the tails start to occupy more than 63% of the volume. Phase II 12. The application does not discuss characterization or disposal of waste rock produced by the mining process. Please provide this information and address the potential of the waste rock to produce toxic or acid mine drainage. If the wasterock is to remain underground, please show where it will be stored,