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the toe of the waste rock pile. In the spirit of cooperation with the agencies, this package is <br />provided regardless of the fact that LKA Int., and GGI have documented the fact that the 'point <br />source discharge' is not associated with the management of underground water associated with <br />the mine, the fact that Au Mining has since installed the Deadman Gulch water diversion channel <br />that controls Gulch water contact with waste material (photodocumentation provided in Attachment <br />A), and that LKA Int., and GGI will be removing waste rock from the Gulch as soon as the <br />construction season for 2008 begins. The combination of these conditions and actions will <br />effectively remove native Deadman Gulch flows from contacting the waste rock pile, thereby <br />eliminating the 'point source discharge' located at the toe of the waste rock pile. Given the <br />timeliness of these actions in relation to the provided point source discharge application, it is <br />unclear as to whether the permit application is truly needed. Regardless, the application is <br />provided for CDPHE review. <br />LKA Int., and GGI invite CDPHE to contact us immediately if any remaining concerns exist <br />regarding the information contained herein. <br />Sincerely; <br />Karmen King/Aquatic Toxicologist <br />Gault Group Inc. <br />36 W. Main St. <br />Cortez, CO 81321 <br />(970) 565-0278 or (970) 565-1222 <br />Cc:/ Kye Abraham/LKA Int.; Steve Glass/GGI; Bob Oswald/CDRMS; Kenny McDaniel/Gunnison <br />BLM; Dave Lazorchak/Gunnison BLM; John Morrone/BLM; Matt Czahor/CDPHE <br />Page 3 of 37