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Mr Thames Hartley -4- June 25. 1995 ii. A flood equal to 40$ of the Probable Maximum Flood. iii. A Probable Maximum flood occurring within 3 to 5 days of the 40$ Probable Maximum Flood. This is obviously excessive for the Gold Hill tailing pond, however, using the NRC criteria as a guide, the Division would suggest capacity to contain the sum of the following events for any proposed closed circuit impoundment at Gold Hill: i. A 10-year flood. ii. A flood equal to 400 of the 100-year flood. iii. The 100-year flood. Since much of the capacity of the proposed raise would be consumed by required freeboard under this design criteria, you may wish to once again incorporate the ability to spill the design event into auxiliary storage into the water management plan. In the Division's view, the foregoing concerns are the only remaining impediments to application approval. As you know, each time COM, Inc. supplements the application to respond to the Division's concerns, interested members of the public then have the right to submit written comments. As such, the Division cannot guarantee that no other issues will have to be addressed, if the public submits pertinent written comments. when responding to this adequacy letter, you must also file a copy of your responses with the Boulder County Clerk and provide documentation of such filing to the Division before the close of business on that day. Please also provide documentation that your June 22, 1995 submittal is on file with the Boulder County Clerk. On June 22, 1995, the Mined Land Reclamation Board ordered that site reclamation at the Gold Hill Mill commence on July 28, 1995. The Board Order is being sent to COM, Inc. under separate cover. The Division would suggest that an appeal of that Board Order may be successful if COM, Inc. obtains a separate mill permit prior to that date, and would suggest that you file a request for appeal under Rule 2.9. Please be advised that to obtain issuance of a permit COM, Inc. must have the application approved by the Division, and must post the required bond. Also, the Division will not issue the new permit until the outstanding $4,500.00 civil penalty from Permit M-83-141 is paid.