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DBMS Response: <br />The issue is outside the Divisions and The Mined Land Reclamation Board's jurisdiction. Teller County sets <br />the standards for noise level. <br />3) Valley Leach stability is not sufficiently demonstrated. ( Jeff Parsons, Western Mining Action) <br />DBMS Response: <br />In addition to the Divisions engineering staff review of the valley leach stability, the Division contracted a <br />third party, Dr. Dirk Van Zyl, (PHD & RE in 9 states and the original design engineer of the Phase I portion <br />of the Leach pad under Amendment # 6), to evaluate the current proposed design and probable impacts it <br />will have to the existing valley leach facility. The Third Party findings are part of the permanent record and <br />are on file at the Division Office. <br />No long term stability issues were identified in the third party report or by the Division's engineering <br />review. A copy of the Third Party Review was provided to Mr. Parsons after our meeting at the Division on <br />September 17, 2008. The site is inspected once a month per the approval of Amendment # 8. During winter <br />months, DRMS increases the frequency to twice a month. To date other than the occasional minor sloughing <br />that one expects on an end dumped crushed ore at angle of repose of lifts of such heights, no major stability <br />issues have been identified. In addition, CC&V periodically conducts a slope stability of the ore stacking <br />through contracting with outside deign engineering firms: The pregnant ponds do not hold sediment, only <br />leachate from the ore. <br />4) The applicant should ensure that the VLF design for any dams or berms constructed to contain <br />leachate or other chemicals ensure geologic stability and prevent sedimentation of holding ponds. (Jeff <br />Parsons, Western Mining Action) <br />DBMS Response: <br />Please refer to response to item # 3. <br />5) The applicant indicates that the geologic stability of the pit high walls may be suspect, particularly in <br />the post mining period. (Jeff Parsons, Western Mining Action) <br />DBMS Response: <br />The Divisions Engineering Staff reviewed the mine pit stability report in the Amendment Application <br />Volume 5, Appendix 5. The staff did not find any long term stability issues. As stated earlier, this site is <br />inspected once a month. Mining activities, since CC&V'S operation was taken over by Anglo Gold in 1993- <br />94, and previous activities that were conducted by NERCO in the Iron Clad Globe Hill pits, have never <br />exhibited major pit wall stability problems. Since 1994, extensive high walls have been exposed and <br />backfilled by the current operator. At present, none of the exposed high walls in the Cresson Mine have <br />exhibited slope failures as suggested. Post mining pits that will not be backfilled to original contours are not <br />expected to behave any differently than pit high walls that have been exposed since 1994. Minor sloughing <br />along the interface of the high walls and benches is to be expected in un-oxidized rocks as well as in rocks <br />being mined at the Cresson Mine.