1. Land Use Permit (LUP) #2W0551, Findings of Fact (FF) #2W0551 issued in 1982:

FF #1 (B)(2) states:
Water from the mine up to 40 GPM will be pumped from a settling basin in the mine to a holding pond. The pond will provide 2 to 3 day holding time to settle out any suspended solids. The pond will be cleaned out as needed taking care to keep the settled solids out of the natural drainage. Exhibit #2R. The applicant has agreed to install a gate valve to reduce potential sedimentation in the natural drainage during clean out periods.

FF #4(E) states that:
In response to Mr. Dietrich's concern about runoff onto his property the applicant agreed to come back for an amendment if there is any work that will change the quantity or quality of the runoff in the direction of Mr. Dietrich's property.

FF #5(D) states:
The applicant has agreed to work with the town road commissioners if there is a need to improve TH 9. The improvements will be done at the applicant's expense.

FF # 9(D,E) (2) in part states:
The plan for opening the mine is the final grade for the closing of the mine. . The project is planned to have shallow slopes to the water level of a pond in the open portion of the mine. The resulting pond can be used for recreation or for a fire pond. The project cannot be deeded over to the town under the present circumstances.

2. #2W0551-1 issued in 1984,

FF #9(E)(iii) states:
This rehabilitation plan provides that the property will be managed for wildlife and a lake will be created.

FF #2W0551-1, #4(C) states:
The land area to be disturbed for the proposed changes will not increase runoff significantly.

3. Pollution Permit 2-0121

Page 5 notes, State Geoligist's comments #3 states:
There is no rehabilitation plan to conform to the requirements of Criterion 9(E)(ii). There is only a brief statement in the narrative that the mine will fill with water to the level of the natural water table, and that the pond which will be created will be available for a town fire reservoir. The Agency suggests:
(a) that the applicant determine (from water standing in current drill holes, etc.) what the expected level actually is of the natural water table;