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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 27, 2011 <br />Karmen King <br />Grayling LLC <br />18050 Road G <br />Cortez, CO 81321 <br />RECFEW <br />i IAY 0 2 2011 <br />C;Msbn Ot R-eciamation, <br />U,in u i Sagaty <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pirleda <br />Director <br />Re: Upper Mountain Top, NOI No. P-2011-003, Adequacy Review Letter and Reclamation Bond Estimate. <br />Dear Ms. King, <br />Thank you for the last adequacy response letter you sent, that included information addressing the concerns listed in <br />the Division's March 21, 2011 letter. There are a few issues to discuss and commitments to make, which appear in <br />the paragraphs below. <br />The pad surface will be used for staging and storage, there is a pre-existing discharge from the portal, and the site is <br />near the headwaters of Sneffels Creek. As such, there will be a need to protect water quality from degradation <br />related to this prospecting project. This office is currently unaware of any specific USFS-required BMPs in that <br />regard. However, this office will require the prospector to provide or perform the following, at a minimum: <br />1. Containment and control of stormwater runoff from the pad surface that will be affected; <br />2. Containment and control of materials and fluids to be used and/or stored on the pad during prospecting; <br />3. Isolation of mineralization, prospecting materials and fluids from entering the Sneffels Creek drainage; and <br />4. Isolation of mineralization, prospecting materials and fluids from further degrading mine discharges. <br />Commitment to accommodating these conditions may require any or all of the following: perimeter berms or silt <br />fences along the crest of the pad or margins of the area to be affected, ditching or culverting to isolate and protect <br />portal discharge; double-walled tanks for onsite fluid storage or daily removal of fluids; tarping or daily removal of <br />ores; avoidance of casting or disposing of materials down the waste dump face; and offsite disposal of all site- <br />generated debris. Please commit to implementing these conditions. <br />Some of these items may be required under the CDPHE discharge permit or a USFS permit. Please provide copies of <br />any such requirements or permits. <br />Water quality sampling must continue, to establish a baseline for the portal discharge as well as to detect any adverse <br />impacts to surface water. The former sampling locations are acceptable for future sampling. Quarterly samples must <br />must include the full suite, and be taken for at least five consecutive quarters (if practicable, given the location), and <br />then no less than annually thereafter throughout the duration of prospecting. Please ensure that analyses are provided <br />in a timely manner to this office. <br />The USFS may require certain practices related to use of the road or disturbances to unpatented claim land. Please <br />ensure that no prospecting activity commences until USFS has issued approval for the activities. Please provide <br />copies of any such approvals. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines