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we regard as your baseline water quality. Samples must be taken and analyzed from each of the five sampling locations, beginning with the fall 2001 samples, and continuing oo a quarterly basis as possible (given accessibility constraints). After the baseline has been established, we will discuss any continuing need for future sampling. 7. The four settling ponds will be excavated deeper and have ditches into and out of them. It appears from your reclamation plan that they are to be part of the permanent landscape. Therefore, as part of the earthwork involved in increasing their effectiveness and capacity, please ensure that pond embankments also conform to the final 3:1 gradient and become stabilized by revegetating them. This will help allow the sttucNres to remain onsite after reclamation, and not permanently be part of the bonded reclamation liability (such as costs for their repair, 5nal grading and revegetation, or removal). Please comment on this. 8. The settling ponds must be excavated deeper and the embankments built up for increased impoundment capacity. The excavation will generate earthen material, which might best be saved for reclamation purposes if it is seen to be a good quality soil, rather than using it in constructing the embankment. The embankments may be constructed from other materials generated onsite, such as less fertile subsoils or waste rock materials, if they meet the need for impermeability. This is simply a suggestion, but I would welcome your comments. Exhibit D -Reclamation Plan (Rule 6.3.41 9. The reclamation of the disturbed areas will include topsoil replacement and seeding. [will calculate costs based on the plan provided by the NRCS which you committed to following, and for the areas and distances shown on your newest maps. 10. As mentioned above, all topsoil to be replaced will be generated by stripping new areas prior to disturbance. Some areas of new disturbance, such as the pond inslopes and floors, plus ditches, will not be retopsoiled. However, a couple areas of existing disturbance, including the portal area and existing waste dump, will be retopsoiled during reclamation. This requires that the limited soil generated be spread even thinner, making the careful salvage and protection of all soils very important. You have committed to doing this. 11. For bond calculation purposes, [must try to quantify the topsoil task. Do you feel it is reasonable to assume that soils may range from 0" to 12" or more, and that the areas to be reclaimed should receive a layer at least 6" in depth? Unless you respond otherwise, I will use this figure in my initial bond calculations. l2. You state that none of the roadways in the permit area will be reclaimed, and no culverts will be removed. Please ensure therefore that adequate drainage and erosion control is implemented during the life of the operation, so that repair or removal costs do not have to be included in the bond amount. If stream crossing structures become degraded, their removal cost will probably be added to the bond amount. 13. Final closure of the portal will have to be more substantial than a locked grate. Backfilled rubble, probably with a drain pipe on the floor, is generally regarded as a safer and more permanent method for reclaiming the lower portal that you will use. If there is no disturbance to the upper portal, and no additional underground openings created, closure of the single lower portal will be all that is required. Unless you respond otherwise, I will use this method in my cost calculations. Other Items 14. Once it becomes available, please submit a copy of the right-of--entry agreemenC for the 2.09 acres of BLM land, since entering the area for mining-related purposes is not permitted until this office receives it. My understanding is that this agreement is separate from the access road agreement, since that is appazently between the BLM and Ophir-Nevada. The documentation you provided of the access road agreement between Midas Mining Company and Ophir-Nevada includes an expiration date, but not much other information. Lf applicable, please describe any use or timeframe limitations, construction or maintenance requirement, bonding or other conditions which may be imposed by BLM on Ophir-Nevada. L°there are no such restrictions, please state such.