PERMFILE116579

• Permit No: M1988112
• IBM Index Class Name: Permit File
• Doc Date: 3/22/1989
• Doc Name: MINUTES
• Media Type: D
• Archive: No

Minutes, March 22-23, 1989 PA;,E 11
Mr. Prax Ortega, Costilla County Local Emergency Planning Committee
(LEPC) Chairman, addressed the Board, regarding the Emergency Response
Plan as it relates to requirements of the SARA Title II1. He presented
ATTACHMENT J - Letter, 2/20/89, from Costilla County LEPC to Battle
ountF~ain oTd Company (LEPC received no response) and ATTACHMENT K -
Letter, 3/7/89, from Costilla County LEPC to Battle Mount~in o
Company. These letters were written and forms sent for ccompletion, in
order for Costilla County LEPC to identify hazardous chemical materials
to be used by Battle Mountain, so that Committee could prepare a local
emergency response plan, as required by law. hir. Ortega discussed the
1988 Revised (SARA) Title III Fact Sheet (ATTACHMENT L - published by
U.S. EPA). Mr. Ortega requested the Board no gran he application,
until the proper emergency response plan, as required by LEPC and the
State Commission, has been submitted.
It was suggested the company and Costilla County LEPC work together on
developing an emergency response plan with an appropriateness upon
which there is agreement.
At this time, Mr. Massey responded and provided rebuttal, by
introducing expert testimony, to points made earlier by CCCES. He
stated that all the experts testifying for Battle Plountair today have
been qualified as experts in the previous Hearing; their Resumes and
Qualifications were made a matter of record, prior to that preceding.
Doctor Samuel Bamberg, Ph.D. in Plants in Soils, addressee the Board on
behalf of Battle Mountain. He was asked to address issues raised by
Mr. Ron Cohen, regarding topsoil requirements and potential
revegetation success, as this relates to the Battle Mountain permit
application.
1, amount of topsoil or subsoil required - Dr. Bamberg referred to
the Dillon Conference and said for the material in this area,
there is no need for a layer of material (or buffer) between acid
material and plant growth medium;
2. organic material - 2a is typical for this area (20% is typical for
areas of eastern U.S.); plant species are adapted to these kinds
of soil conditions;
3. erosion - there will be grading and reduction of slopes; before
soils are applied, the final grading and reclamation plan will
establish drainages, and with top dressing matter and revegetation
stable at that point, plants will have a chance to germinate, and
erosion will be minimal (plants will act as a stabilizer for the
first couple of years);
4. acid generation - the three or four conditions for acid to be
produced are not present at this site. With proper preparation of
surface materials, proper drainage and erosion control, good top
dressing material (planted at the right time of the year), there
is a 70g to 80% chance for success of revegetation. The Division
will monitor revegetation - reseeding will be done by the company,
if the initial revegetation attempt is unsuccessful.