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documentation this spring to demonstrate the ongoing functioning of the liner, as well as the <br />effectiveness of the new pipeline installation. <br />Please be aware that, since the permit is a DMO, the liner and pipeline are considered to be <br />environmental protection facilities, Rule 7.3.1 indicates that no liner of any kind shall be installed <br />where climatic conditions are not within design or manufacturer recommendations, and accepted by <br />the Office. The design and installation require that LKA International is responsible for providing <br />adequate installation QA/QC and as-built certification for construction activities of these structures, <br />including verification that the installation conditions met manufacturer specifications. <br />Finally, regarding the DRMS recommendations for additional wells, characterization etc., the Division <br />will review any responses to determine what, if any, additional permitting may be required. If <br />additional permitting (such as a technical revision to incorporate new wells and well pads, piezometers, <br />additional monitoring programs, etc.) is required to address staff's concerns, LKA International would <br />need to submit any revisions to the Division by May 15, 2009. <br />Although these investigative efforts may further characterize the hydrologic situation at this site, the <br />previously observed seeps from the toe of the 6 Level waste rock dump are in contact with the mine <br />waste and must be managed accordingly. Additionally, regardless of these ongoing investigations, the <br />Division may pursue enforcement action for adverse hydrologic impacts, including but not limited to <br />previous and ongoing waste rock dump toe seeps. <br />I look forward to your responses. Please send them directly to me, in writing, at the Division's <br />Durango field office: 691 CR 233, Rm. A-2, Durango, CO 81301. <br />Sincerely, ~ <br />Bob Oswald <br />Environmental Protection Specialist <br />Ec: Steve Shuey, DRMS Grand Junction <br />(c:\09-03 docs\gwm level 6 hydro resp exbrco) <br />