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Mr. Wallace H. Erickson <br />Response to Sixth Adequacy <br />October 11, 2011 <br />Page 18 <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 establishment of a <br />stable highwall and mine bench at the May Day 1 level; <br />• Removal of soil, rock and mining related debris from the drainage channel of <br />Little Deadwood Gulch at the Chief Portal and May Day 2 level; and <br />• Corrective measures as necessary to comply with enforcement actions issued <br />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 activities may not <br />commence until the Division receives and approves hydrologic information adequate to <br />fully characterize baseline conditions for surface and ground water, and a hydrologic <br />monitoring plan sufficient to verify compliance with water quality regulations. These <br />activities, which cannot commence until hydrologic baseline conditions have been <br />approved by the Division through a permit modification, include the 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 />• Production expansion; and <br />• Milling completion and closure. <br />The Applicant has committed to modifying Exhibit D, Mining Plan, to comply <br />with this adequacy issue. The mining and milling activities listed above in paragraph <br />11.b. may not occur until the Division has reviewed and approved, through the Technical <br />Revision and/or Amendment process, the following: 1) sufficient surface and ground <br />water data to appropriately characterize baseline conditions; 2) a monitoring plan <br />sufficient to verify compliance with water quality regulations; and 3) Environmental <br />Protection Facility certifications for the entire mill facility and tailings disposal <br />location(s). <br />Response to Adequacy Issue No. 11. <br />No response to Adequacy Issue No. 11 is required. <br />Adequacy Issue No. 12. <br />In a correspondence dated September 16, 2011, WQCD confirmed an individual <br />NPDES discharge permit must be obtained for the discharge from the Idaho No. 1 Adit. <br />DEN 97,629,117v1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW o WWW.GTLAW.COM <br />