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Mr. Wallace H. Erickson <br />Response to Fifth Adequacy <br />September 9, 2011 <br />Page 21 <br />DEN 97,599,531v1 9 -9 -11 <br />• Stabilization and reconstruction of illegal access road from County <br />Road 124 to bridge; <br />• Grading of pre- existing access roads; <br />• Installation of storm water management structures; <br />• Excavation of the collapsed portal at May Day 1 level and <br />establishment of a stable highwall and mine bench at the May Day 1 <br />level; <br />• Removal of soil, rock and mining related debris from the drainage <br />channel of Little Deadwood Gulch at the Chief Portal and May Day 2 <br />level; and <br />• Corrective measures as necessary to comply with enforcement actions <br />issued by other agencies, with written approval from the Division. <br />b. The Division had determined some of the proposed mining activities pose <br />significant potential to affect surface or ground water quality. Such <br />activities may not commence until the Division receives and approves <br />hydrologic information adequate to fully characterize baseline conditions <br />for surface and ground water, and a hydrologic monitoring plan sufficient <br />to verify compliance with water quality regulations. These activities, <br />which cannot commence until hydrologic baseline conditions have been <br />approved by the Division through a permit modification, include the <br />following: <br />• Mill retrofit and commissioning; <br />• Ore stockpile consolidation; <br />• Construction of the augmentation pond; <br />• Mill optimization; <br />• Production at May Day 1 level; <br />• Exploration; <br />• Production expansion; and <br />• Milling completion and closure. <br />GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM <br />