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It should be noted that Mt. Elbert Mining Co., L.L.C. is the landowner of the area <br />where the previously mentioned refuse was observed and some of the vehicles and <br />equipment were not mining related. Pending approval of CN1, this area has not yet <br />been included in the affected area of a Reclamation Permit. <br />2. "The history of this site has allowed tailings water to drain down through my <br />property." <br />Rule 3.1.5(10) All mined material to be disposed of within the affected area must be <br />handled in such a manner so as to prevent any unauthorized release of pollutants to <br />the surface drainage system. <br />C.R.S. 34- 32- 116(g) Disturbances to the prevailing hydrologic balance of the <br />affected land and of the surrounding area and to the quality and quantity of water in <br />surface and groundwater systems both during and after the mining operation and <br />during reclamation shall be minimized. Nothing in this paragraph (g) shall be <br />construed to allow the operator to avoid compliance with other statutory provisions <br />governing well permits and augmentation requirements and replacement plans when <br />applicable. <br />C.R.S. 34 -32 -116 (h) Areas outside of the affected land shall be protected from slides <br />or damage occurring during the mining operation and reclamation. <br />Division's Response: <br />Past site inspections conducted by the Division have not identified evidence of, or <br />problems relating to, tailing water drainage from the site. No documentation of non- <br />compliant industrial discharge from this site has been submitted to the Division. <br />Water used for the operation is stored in a series of sediment ponds. Seepage from <br />the ponds has not been noted during past Division inspections. A stormwater berm, <br />constructed along the north perimeter of the disturbed area, controls runoff from the <br />site. The site has implemented a Stormwater Discharge Plan and was issued an <br />Industrial Stormwater Permit No. COR040261 effective January 4, 2011. <br />3. "The area immediately adjacent to the mine is a major elk calving ground. The <br />increased usage of this area, the added noise, gunfire and all the commotion has <br />and will continue to cause a strain on these animals." <br />Rule 3.1.8 (1) All aspects of the mining and reclamation plan shall take into account <br />the safety and protection of wildlife on the mine site, at processing sites, and along all <br />access roads to the mine site with special attention given to critical periods in the life <br />cycle of those species which require special consideration (e.g., elk calving, <br />migration routes, peregrine falcon nesting, grouse strutting grounds). <br />Division's Response: <br />