2016-09-26_REVISION - M2004031 (4)

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Rationale for Recommendation to Approve Page 15 September 26, 2016 groundwater Ievels in MW -3 and MW 11 B and within 0.54 feet of the pre -slurry wall average groundwater elevation in MW -2. In the TR to AM -01, submitted to the Division on September I, 2016, the Operator committed to submitting to the Division within 60 days of completion of the permanent groundwater mitigation plan, a follow-up certification created by a qualified engineer certifying that the permanent plan was constructed in accordance with the plans, compaction requirements and specifications approved through AM -01. Therefore, the revised AM -01 demonstrates compliance with the requirements of Section 34- 32.5-116(4)(h) C.R.S., and Rule 3.1.6(I), whereby disturbances to the prevailing hydrologic balance must be minimized. 4. Concerns that additional US Army Corps ofEngilteeis (USACOE) 404 permitting requirements are weeded prior to approval ofAM-01 and implementation of the proposed corrective action. (Equity Funding LLC - second comntent period) The Objector did not provide any documentation to support the assertion regarding jurisdictional wetlands being inadvertently created by the recent installation of the slurry wall. Regardless, the Operator is subject to USACOE permitting and reporting requirements for this operation, and is required to maintain compliance with the conditions of the existing 404 permit. As such, the Objector should direct such concerns to the USACOE. The Act and Rules do not require the attainment of all other permits prior to the approval of the Division's reclamation permit. Pursuant to Rules 1.4.9 and 1.4.13(1), the Office was mandated to render a recommendation on the application on September 26, 2016, and did so in accordance with the Act and Rules. 5. Groundwater should be the foots of the antendment application (Equity Funding LLC — second comment period) The first three sentences of the TetraTech TR Memo dated August 24 2016, and also provided with the Equity Funding comment letter dated September 21, 2016 state: "This memorandum documents the design basis of the Orr water drain and the reservoir outlet at the Hazeltine Mine. This system will be constructed to address an Order from the Colorado Mined Land Reclamation Board. The purpose of the drain is to mitigate elevated groundivater• resulting f-onr the slurry wall surrounding the Hazeltine Mine on the Orr Property." (emphasis added) 6. Conurrerrts regarding requirement for ground►vater Level nronitor-irtg outside of permit area utilizing additional new wells on Orr property with increased frequency and reporting requirements. (Equity Funding LLC— second cominentperiod)