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\ ~ ~II ~I~II~~I~~I~~ II~ . <br />_ __ _ __S__T_A_T_E_ _O_F C'0_ _L_ ORA_ DO_ _ <br />MINED LAND RECLAMATION DIVISION aF ~o< <br />Department of Natural Resources .~i ~j °a~ <br />it +;# ~ <br />13t3 Sherman SL, Room 2t6 ~ 1~ <br />Denver DO 80203 ~ •~J• <br />303 866-3567 '~ ~~` <br />F.1\ 303 832 at06 ra v5 <br />Roy Romer, <br />Governor <br />Fretl R. Banta <br />DATE: October 25, 1990 Di~~=_~on oueaor <br />T0: Bruce Humphries <br />FROM: Steve Renner <br />RE: Battle Mountain Resource" s, San Luis Project, <br />(File M-88-1121 <br />I have reviewed Chips Barry and Dennis Donald's memorandum of October 24, 1990 <br />to Governor Romer, I have responded to the four environmental issues raised <br />on page three of that memo. Also, regarding federal agency involvement and <br />the need for an Environmental Impact Statement (EIS), the U.S. Army Corps of <br />Engineers does have some jurisdiction at this site. The Corps has issued a <br />Natio m,ride permit to Battle Mountain, as required by the Clean Water Act. The <br />permit was necessary to construct fills adjacent to the Rito Seco to support <br />the haul road crossing. The Corps, who could have initiated an EIS, declined <br />to do so as the project has minimal impact on areas of federal jurisdiction. <br />Environmental Issues <br />Tailings Pond in 100 Year Floodplain <br />The tailings disposal facility is not a true tailings pond in that it <br />impounds minimal quantities of water. The mill reject, or tailings, are <br />deposited in a relatively dry condition. The tailings disposal facility, <br />which is currently under construction, is located approximately 4,000 <br />feet south of Rito Seco and about 200 feet higher in elevation. The <br />facility is located south of a topographic saddle, while Rito Seco lies <br />north of the saddle. The tailings facility is not in the 100 year flood <br />plain of Rito Seco, and poses no threat to San Luis in the event of <br />significant Rito Seco flooding. <br />The Mined Land Reclamation Division is currently conducting ii:s second <br />inspection of the site this season. The inspector will continue to <br />evaluate on-the-ground construction of the tailings disposal facility to <br />ensure it is constructed in accordance with the approved mining plan. <br />