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JAMES A. BECKWITH FONTANARI OBJECTIONS AND COMMENTS / SNOWCAP BOND APPLICATION SL -I I / PG. 13 that "Outfall 016 will discharge in perpetuity due to continued groundwater inflow to the underground mine workings." (SL -08 Decision; Pg. 31) The SL -08 Decision claims that this continuous interception of ground water, which is recharged from upstream surface water supplies, does not affect the quantity of water available to water users in the area because: (a) the slight downward trend of surface flows shown in data gathered from USGS stream gauges on Rapid and Cottonwood creeks from 1987 to 2012 is caused by climatic effects; and, (b) relative stable alluvial water levels were observed from 1984 to 2012. These explanations are inadequate for several reasons, most notably that the mine already existed and was already interception water prior to 1984, so any affects to surface flows and alluvial water levels from the mine's steady, continuous interception of water would have already manifested. Moreover, the USGS's own reports, such as the 1986 report by Tom Brooks (Geology and Potential Hydrologic Effects of Underground Coal Mining in the Rapid Creek Basin) state that data from the USGS stream gauges on Rapid and Cottonwood creeks is only "fair to poor" due to irregular streambed conditions. (Id. at Pg. 12) The USGS Report also notes that stream flows are "largely controlled by the City of Palisade, depending upon their need for domestic water". Snowcap's own data shows, and DRMS has expressly recognized, that the Roadside Mine intercepts ground water within the Rapid Creek Basin that is recharged from surface water supplies at upstream locations and discharges this water out of the Rapid Creek basin, and that this diminishment of ground and surface water supplies will continue in perpetuity if not addressed. This reduction of the quantity of water available to water users in the permit area and adjacent areas violates Rule 2.05.6(3)(a)(ii) and (iii). 2. Snowcap's reporting of groundwater flows into and out of the Roadside Mine are inaccurate and unreliable. On November 4, 1984, (Revised in part April 8, 1985) the Colorado Mined Land Reclamation Division issued its Proposed Decision authorizing the transfer of the GEX coal permit to Powderhorn Coal Company. The Proposed Decision imposed various conditions. As relevant here, one such condition required Powderhorn to file a Water Augmentation Plan with DRMS. Research has failed to uncover the existence of any such plan filed with DRMS in 1984, even after requesting that plan from DRMS officials. Another condition required Powderhorn (and later Snowcap) to file Annual Hydrologic Reports, containing, inter alia: metered readings on inflow volumes of water to the Roadside Mine; the water volumes consumed in mining operations (dust; coal -washing, etc); and, total dissolved solids in the water discharged from the Mine. Due to their sheer volume (600+Pages), copies of these Annual Hydrological Reports are not attached, but are available to DRMS and Snowcap from business records of the agency and Snowcap, itself, or from the DRMS website.