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sediment fencing may have to be employed at this road location, since the sediment pond downhill does not function presently. Please comment. The applicant has included a copy of the amended CDPHE discharge permit, under part (h). Part (i) now includes a couple paragraphs describing the failed sediment control dam and sediment entering Yule Creek. These, in addition to the unstable road described above, may result in a longterm failure to use BMPs for the approved Stormwater Management Plan, by allowing a faulty situation to continue. It is acknowledged that the previous operator (CYMC) may be responsible for much of the present conditions, but the new applicant must ensure that these conditions are remedied and not allowed to continue. Failure to provide for such protections against damage, even for "passively" allowing damages to migrate downhill onto areas eventually to be within the permitted area, should not occur. When the London Lode portion of the proposed permit area is actually permitted, therefore, its sediment should be contained, stormwater runoff controlled, and no new dump material allowed to slough downhill onto the White Marble #2. Please comment on these items. Mother item under part (i) is a brief description of the membrane liner under the diesel fuel tank. The present liner is intact, but should be continually monitored for ruptures due to weathering or fallen rocks, and immediately repaired or replaced if fuel containment is not assured. Part (j) now includes a copy of the transferred well permit issued by the State Engineer's Office. Part (k) states that no waste oil or other fluids resulting from the maintenance of diesel equipment will be stored onsite; all such fluids will be transported offsite for disposal at a proper facility. This office will, therefore, monitor the operation for such storage of waste fluids. Please be reminded that storage maybe permitted, if adequate fluid contairunent is assured, and if a predetermined maximum amount is not exceeded. This storage amount must be documented through calculating the necessary additional bond amount to cover costs of transport and disposal. For the present, there will be no such storage. Text in part (I) now contains several new paragraphs describing the sediment control structure on the lower, northern end of the waste dump in the pernut area. It was built by CYMC, and presumably damaged by CYMC during dumping of marble block, rendering it non-functional. Its location, however, is critical to catching sediment carried in runoff from the south portal road (mentioned above} and all existing and future waste areas, since virtually all surface drainage east of the portal roads leads there. The applicant acknowledges that the pond is damaged, at this time of permit application. The applicant, therfore, must work to ensure that it is made functional in a timely manner, preferably before the end of the 1999 construction season. To wait for forfeited bond monies, resulting from possible Board action against CYMC, to be used to pay for such sediment pond repair, would not be prudent. Please comment. The applicant has stated in this submittal that no new material will be added to the surface in the area of the sediment pond, or where it would adversely affect the stability of the lower waste slope azea. Stabilizing the toe of the waste slope will be necessary before sloughing will stop, including areas onsite. Stabilizing work offsite may be performed by aState-contracted operator using forfeited bond monies, but that might be one to two years from now. Stabilizing work onsite should be regarded as the responsibility of the applicant, and to be performed soon. Please comment. The last paragraph concerning the sediment pond includes proposed dimensions and brief construction details. This information appears adequate. Given an uncertain rate of sediment build up, the applicant has appropriately committed to frequent monitoring to ensure pond capacity and/or permeability is maintained. Exhibit D -Reclamation Plan A few paragraphs have been added to clarify items mentioned in the original submittal. A statement in part (a) novv specifies which portals will be closed by backfilling. These will be included in the reclamation bond calculation.