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<br /> <br />B6B Excavating, Inc Montgomery Pit <br />Mlr File N0. M-86-104, Adequacy Response (cont) <br />Exhibit D- Mining Plan <br />1. No, the EPA has no jurisdiction over this mine operation. <br />2. Attached is the copy of a proposal submitted to the Eagle <br />County Health Officer. The county requires a low berm be <br />constructed on the Eagle River side of this site to protect the <br />area below the 6460 line from this operation. When an approved <br />plan is complete we will send you a courtesy copy. <br />Daylight out is typically used to define the practice of <br />mining through an area where the deposit of mineral ends, either <br />because it was removed by man or natural forces. If mining were <br />to leave the ephemeral drainage slopes intact it would create <br />two ridges parallel to the drainage center line with slopes near <br />vertical in the drainage and sloped 2h:ly on the pit side of <br />the pit. By leaving these ridges B6B would be leaving hazardous <br />landforms and not maximizing the removal of a valuable resource <br />as required by CRS 32-34-101 et sea. <br />4. On page 14 of the original application states " B&B Excavating, <br />Inc. will comply with applicable Colorado water laws and <br />regulations (as the operator understands them) governing <br />injury to existing water rights in order to minimize any <br />disturbance which might occur to the prevailing hydrologic <br />balance of the affected land and of the surrounding area and <br />to the quality of water in surface and groundwater systems <br />both during and after the mining operation and during reclam- <br />ation. In addition, the operator expects to comply with <br />applicable federal and Colorado water quality laws and regula- <br />tions." On the other hand, If BBB violates any of these laws <br />it will be up to Eagle County or the Colorado Health Department <br />to enforce them and not the MLRB. <br />The construction of the Berm as required in our county permit <br />will begin when operations in the area commence. As stated in <br />the Spill plan attached roadbase will be used to line the <br />bottom of the fuel containment facility. When compacted the <br />road base will be adequately impervious. It is our opinionsB <br />Excavating, Inc. Montgomery Pit that this is more than adequate <br />considering the amounts of blotting materials available on <br />site once operation begin. <br />This information is not available at this time. It will be <br />at least 15 years before BSS evens contemplates moving the <br />ditch and until that time the redesign of a unlined ditch to <br />replace the existing one is impractical. No, be assured that <br />BSB will take all precaution not to interrupt the flow of <br />water through this ditch that would injure downstream users. <br />