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Question 6) What will be done about the Dodson Toxic layer? Extensive testwork has been completed and submitted to DMG in conjunction with the Reclamation Evaluation which demonstrates that there is no toxic layer in the tailings disposal area. This information is available at the DMG offices in Denver. Question 7) Since the tailings dam lies on a fault, if dam failure occurs what kind of emergency plan do you have? Who will be responsible? Contrary to the premise of the question, the tailings embankment and disposal area are not located on a fault. The earthquake potential for the area of the facility was analyzed extensively in the course of the permitting process and the facilities were designed to withstand potential earthquake loading. The design specifications and criteria as well as the results of this analyses are included in Section D.6.8 of the Approved Permit. As noted in response to question 2 above, BMRI maintains an emergency response plan to address failure contingencies which could result in a release of substances which could harm human health or the environment. However, it is important to note that the facility in its approved reclamation configuration will not provide long term impoundment of water and thus, earthquake related failures, though extremely unlikely, would not present a threat of a catastrophic release of solutions. BMRI will be responsible for the facility in accordance with its liability under the Approved Permit. Question 8) Can we see the data on the dewatering of the West Pit? These reports reflecting the data required by Water Decree case No. 89CW32 are forwarded to the Division of Water Resources and can be reviewed in their Alamosa off ice. All other monitoring data required under the Approved Permit is available at the DMG's offices identified above. Question 9) Can we get our own hydrologist on the mine site to take an independent look'? We have been denied this since the fall of 1995. BMIZI has, at considerable expense, attempted to accommodate similaz requests in the past only to be faced with scheduled meetings which were missed, attempts by individuals to access the site through trespass and individuals and experts who were wholly uninformed with respect to the terms of the Approved Permit and the publicly available monitoring data which has been generated for the site. Nevertheless, in our recent meeting, BMRI agreed to attempt to arrange another site visit in an effort to engage in a constructive: dialogue. In that meeting, all parties agreed that prior to this site visit, the parties to participate will review the documents on file with state agencies that pertain to the azeas of inquiry. This will ensure [hat the issues are dealt with in an efficient and constructive manner.