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August 21, 2008 <br />Pg. 2 <br />3) Operator has provided data from geochemical testing in the application, but the information <br />needs clarification. Please provide more detailed descriptions of the material represented by <br />the data, including locations, on maps if possible, from which the samples were collected. <br />4) Applicant states that mill tailings may be returned to the mine. Before the Division can <br />allow this, applicant must provide a geochemical characterization of the material that will be <br />backfilled. Additionally, to complete the characterization the Division will require sampling <br />and analyses of in situ ore and waste rock from the underground workings, including <br />characterization of the processed material proposed for backfill. Acknowledging that <br />sampling and analyses of this material are not practical before the mine is rehabilitated for <br />access, the Division grants a stipulation that the geochemical characterization must occur as <br />soon as reasonably practical after access is gained for sampling. This stipulation will be <br />included in permit conditions after all adequacy issues have been satisfactorily addressed. <br />The Division will provide the protocols for testing at that time. <br />5) In accordance with Rule 6.3.3(1)(g), please specify the dimensions of existing or proposed <br />roads that will be used for the mining operation, and describe any improvements necessary <br />on existing roads and the specifications to be used in the construction of new roads. <br />6) Applicant states that a 10,000 gallon water tank will be constructed on ground surface. In <br />accordance with Rule 6.3.3(1)(h), please specify how much water will be used in <br />conjunction with the operation. If water is needed during the production phase, please <br />specify if the water used will be trucked in or if water anticipated to be encountered in the <br />underground workings during development will be used. <br />7) In the unlikely event that ground water is encountered in the mine during development, <br />please describe the measures under Rule 6.3.3(1)(1) that will be taken to minimize <br />disturbance to the hydrologic balance, specifically water quality. <br />8) In accordance with Rule 6.3.3(1)(o), please indicate if explosives will be used in conjunction <br />with the mining or reclamation. <br />Rule 6.3.4 Exhibit D - Reclamation Plan <br />In accordance with Rule 6.3.4(2) please provide an estimate of the actual costs to reclaim the <br />site. The Division acknowledges that the only reclamation activities will likely involve <br />removal of mining equipment and safeguarding the shaft. Therefore, the reclamation cost <br />estimate need only address costs associated with those activities, including but not limited to <br />materials, equipment, labor, fuel, mobilization, and overhead. <br />Rule 6.3.7 Exhibit G - Source of Legal Right to Enter <br />The land position at the site is in need of clarification with respect to access across the <br />overlapping or adjacent parcels O'Connor #6821 and the Comstock 46556. In <br />accordance with Rule 6.3.7, please provide a description of the basis for legal right of