2016-10-05_ENFORCEMENT - M2004031

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Exhibit A Rationale for Recommendation to Approve Page 15 September 26, 2016 groundwater levels in MW-3 and MWI I 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 1, 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 Nvith the plans, compaction requirements and specifications approved through AM-01. Therefore, the revised AM-01 demonstrates compliance with the requirements of Section 34- 32.5-1 I6(4)(h) C.R.S., and Rule 3.1.6(t), whereby disturbances to the prevailing hydrologic balance must be minimized. 4. Concerns that additional US Army Coips of Engineers (USACOE) 404 permitting regiiirenients are needed prior to approval ofA3f Ol amid implementation of the proposed corrective action. (Equity Ftinding LLC-second conini ell l perio(l) 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. S. Groundwater should be the focirs of the anienrhnent application (Equity Funding LLC—second contnienl 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 pinpose of the drain is to mitigate elevated gr-oundwater resultingf-oiii the slurry ivall sup rouirding the Hazeltine Aline on the Orr Property." (emphasis added) 6. Connn ell ts regarding i•equireinent for groundwater level ill oil itoring outside of perinit area utilizing additional new wells oil Orr property with increased fi-equency and reporting requirements. (Equity Frinding LLC—second comment period)