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Mr. Wallace H. Erickson <br />Response to Fifth Adequacy <br />September 9, 2011 <br />Page 18 <br />DEN 97,599,531v1 9 -9 -11 <br />professional engineer certification of the dry stacked tailings disposal and <br />the sump or pit to contain leachate from stacked tailings as Environmental <br />Protection Facilities: <br />• Inspect proposed location of tailings disposal and location of sump or <br />pit to contain leachate from tailings disposal; <br />• Perform engineering evaluation to develop conclusions and <br />recommendations regarding: <br />o Design criteria for consolidation grouting of fractures or other <br />weak zones if the seepage has the potential to come into contact <br />with the disposed tailings; <br />o Design for pit or sump to contain leachate from tailings disposal; <br />and, <br />o Confirmation there is no hydrologic connection between the Idaho <br />Spring and the dry stacked tailings disposal facility. <br />• Prepare a technical memorandum summarizing the results of the work <br />described above; <br />• Submit revised design plans for the dry stacked tailings disposal <br />facility and sump or pit to contain leachate from tailings disposal to <br />address consolidation grouting of fractures or other weak zones if the <br />seepage has the potential to come into contact with the disposed <br />tailing, and containment of leachate from tailings disposal, as <br />necessary, through the Technical Revision or Amendment process; <br />and, <br />• After obtaining DRMS approval through the Technical Revision or <br />Amendment process, proceed with remainder of work plan, perform <br />scope of work to seal fractures or other weak zones, construct sump or <br />pit for containment of leachate from tailings disposal, and obtain <br />licensed professional engineer certification of dry stacked tailings <br />disposal facility, and sump or pit for containment of leachate from <br />tailings disposal, as Environmental Protection Facilities. <br />• Sump or pit to contain leachate from stacked tailings. <br />o See supra bullet regarding tailings disposal and/or storage locations. <br />GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM <br />