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<br />~I I I I~ I I~ ~ I~ ~I~I ~~~ <br />sss <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />13t 3 Sherman SI.. Room 2 t 5 <br />Danner. LO 80203 <br />303 a66-356' <br />F.~:: 3G3 832~8t06 <br />DATE: October 25, 1990 <br />T0: Bruce Humphries ~~ <br />FROM: Steve Renne r -- <br />RE: Battle Mountain Resource~San Luis Project, <br />OF~~Cp <br />~i 9 <br />Nz, ,~ .+~-lo <br />v <br />~\r8'Ib ~ <br />Roy Romer, <br />Governor <br />Fred R Bania. <br />Division Director <br /> <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 />Nationwide 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 avatar. 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 idined Land Reclamation Division is currently conducting its 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 />