2008-11-10_REVISION - M1980244 (3)

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NOV-10-2009 10:30AM FROM- 3036663559 T-499 P.003/004 F-175 All other persons previously deemed Parties by the Division based on timely submission of objection letters did not attend the Pre-Heating Conference and, therefore, lost their Party status and all associated rights and privileges in accordance with Hard Rock Rule 2.7.3(4), 2 CCR 407-1. On November 9, 2008 the remaining parry objectors in this matter submitted formal withdrawal notices to the Division, conditioned on the understanding that the Division would incorporate language memorializing the settlement between CC&V and the Citizens for Victor, the Sierra Club, and INFORM in the Division's approval document for Amendment No. 9. Therefore, pursuant to Hard Rock Rule 2.7.3 (5), the Division hereby approves the Amendment No. 9 with the following conditions, as agreed to by the parties: Condition 1: CC&V is currently required to conduct ground and surface water monitoring in Arequa Gulch at two wells and two surface sites downgradient of the valley leach facility for a five-year period to confirm closure activities. This monitoring is addressed in the financial warranty documentation under "Post Closure Monitoring of Heap Effluent, Ground Water, Surface Water and Vegetation-" To settle a matter raised by Citizens for Victor, Sierra Club, and INFORM to obtain withdrawal of their objection to Amendment No. 9, CC&V adds to this five-year period a commitment to conduct water quality monitoring of the Carlton Tunnel flows once per month for the suite presently sampled for a similar five year time period. Should future amendments further extend the mine life, this Carlton Tunnel flow monitoring will continue for a five-year period post mine closure. Post mine closure is defined as the period in which the last of all disturbed areas are backfilled, top soiled, and seeded, indicating the conclusion of physical reclamation. A spreadsheet calculating this additional monitoring (third party sampling and laboratory analysis of the samples) as an additional financial warranty amount of $46,340 has been added to the Amendment No. 9 file. Condition 2: As an additional settlement to a matter raised by Citizens for Victor, Sierra Club, and INFORM to obtain withdrawal of their objection to pending Amendment No. 9, CC&V adds to its permit requirements care and maintenance for the ponds and ditches at the Carlton Tunnel portal area during the same five-year post-closure period noted under condition one above. The care and maintenance would include cleaning ditches and ponds and potentially replacing pond baffles. CC&V budgets annually $7,500 for such activities at Carlton Tunnel; thus, CC&V proposes to increase the financial warranty amount by 537,500 for this five-year post-closure period ($7,500 x 5 years). Condition 3: CC&V has voluntarily agreed to provide notice to Citizens for Victor, Sierra Club, and INFORM, or their attorney, of any technical revision (if the application meets the