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change with the reclassification or the commencement of operations at the site. In order for the site to <br />remain classified as a 110(2), the Applicant must supply the Division with the necessary information to <br />determine that the site will cause no adverse effects to persons, property, or the environment. <br />Please be aware that the analysis of the tailings and waste rock that is accepted by the Division is as <br />follows: <br />A battery of SPLP tests (EPA method 1312) of the tailings material and all distinctly <br />different rock types that would become tailings and/or waste rock. <br />For the tailings tests, rather than the standard SPLP grain size of -9.5 mm, the samples must <br />be ground to represent the grain size of tailings, which would be around -60 mesh, or <0.25 <br />millimeter. <br />If this round of tests shows potential for water quality degradation, then a longer -term <br />kinetic test would need to be conducted. <br />At a minimum the SPLP extract should be analyzed for the following: <br />H Cr Nitrate + Nitrite <br />A Cu Ni <br />Al F Pb <br />As Fe Se <br />Ba Mn Sulfate <br />Be Mo TI <br />Cd Ni Zn <br />Please be advised that the Mount Sneffles Mining Company LLC, Ruby Trust 110(2) Technical <br />Revision (TR-02) Application may be deemed inadequate, and the application may be denied December <br />24, 2008 unless the above mentioned adequacy review items are addressed to the satisfaction of the <br />Division. Responses to these adequacy concerns must be received by the Division to allow adequate <br />time for review prior to the decision date. If you feel more time is needed to complete your reply, the <br />Division can grant an extension to the decision date. This will be done. upon receipt of a written waiver <br />of your right to a decision by December 24, 2008 and request for additional time. This request must be <br />received no later than December 24, 2008. Please be aware that depending on the answers that are <br />received regarding the above adequacy issues, the Division may have further adequacy questions. The <br />Division may also have additional adequacy questions once the site has undergone an inspection related <br />to this application. <br />If you have any questions, please do not hesitate to call me at (970) 259-5861. <br />Sincerely, <br />JP ?? <br />Kate Pickford <br />Environmental Protection Specialist <br />2