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1. By May 31,1991, rip rap sized to withstand the 25-year 24-hour storm event must be placed adjacent to the stream such that the base of the pit outslope is protected from erosion. The Army Corps of Engineers must be contacted prior to placement of this material in order to determine the necessity of a dredge and fill permit. Neither of these conditions have been met to date, constituting a pos- sible violations, with the redeeming intervening factor that the May 19, 1991 hydrologic event (refer to Taylor - S/28/91) precluded this to some extent. That, and a criti- cal review that rip rap is unnecessary and unjustified as a means to remedy observed problems. 2. A minimum of 15 feet wide berm must be maintained at its present elevation at the pit edge above the outslope. Equipment shall not access the berm. Materials shall not be stockpiled on the berm. To date, the berms have not been stabilized with a vegetative cover, a possible viola- tion. Additionally, correspondence from'the DA of 12/3/90 (not known to have been provided to the County) to the CMLRD, would indicate that construction of the culverts and fill. and placement of rip rap would require contact by the County with the DA to determine if a DA permit would be re- quired. The County has not to my knowledge ever contacted the DA. It is unclear if the sediment problem resulting from storm water runoff or other reasons from the site would require a DA permit, however, the DA should be contacted for an in- spection or opinion, after consultation with the County Attorney for possible legal ramifications, especially if the DA seeks violations or penalties against the County for possible violations, including that suggested to the DA by Mr. Taylor in his correspondence of 5/28/91 to the DA fol- lowing the 5/19/91 hydrologic event. Once again, Mr. Taylor made his discontent with the Fondis Mine known, with correspondence of 11/5/90 and a telephone conference with the CMLRD (recorded 10/23/90). Mr. Taylor was interested in creating Press over the matter, and ad- vanced another request for the CMLRD to revoke the permit. The CMLRD reply of 11/27/90 rebuked his request and indi- cated no violation against the County had been found and that the County was in compliance with requested corrective action. Approval the Technical Revision followed shortly thereafter. The DA correspondence of 12/3/90 to the CMLRD prior to the approval of the Technical Revision may never have been conveyed to Elbert County by the CMLRD or the DA. Correspondence of 6/15/91 to Frank G. Starkey, Elbert County Commissioners Office from Bradford Janes, Gambit, Inc. RE: Fondis V1 Mine - Summary Report.