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Mr. Dustin Czapla August 24, 2021 Page 9 • Applicant should be required to place an environmental covenant on the Property upon closure of the disposal pit. • Applicant should be required to provide the Board notice of closure of the disposal pit and should be required to monitor the disposal pit, including monitoring the leachate detection system and sampling monitoring wells, for at least 30 years after closure, as required for solid or hazardous waste impoundments. (6 CCR 1007-2 § 9.3.6. and .7 (solid waste); 6 CCR 1007-3 § 264.228(b) (hazardous waste).) Due to the foregoing inadequacies,the Concerned Citizens request that the Board deny the Application. If the Application is not denied, Applicant should be required to address these issues in a new submission. Zoning The Application inaccurately states that the neighboring lands to the west and south are zoned Industrial/Mining (IM). (Legal Description § 1.1.3 at 1-1.) The neighboring lands to the west are zoned Agriculture and Forestry (AF) and are in residential use by members of the Concerned Citizens, as permitted by AF zoning. Stormwater Management Plan Appendix 2 1-1 contains the Stormwater Management Plan for the Leadville Mill. Pursuant to its Attachment A, titled Best Management Practices Illustrations, Storm Water Management Plan, Leadville Mill ("Attachment A"), it appears that stormwater from disturbed areas is to be captured, stored,and used in the milling process. This also seems to include captured precipitation that falls directly into the disposal pit. Appendix DR-1 of Attachment A contains the Drainage Plan, Stormwater Management ("Drainage Plan") for the mill operation. On page 2, under the Description subheading, the Drainage Plan states: "Stormwater from disturbed mill operating areas and waste from the mill are to be stored in the TSF. Captured runoff will be used in the milling process." Furthermore, the Drainage Plan explains on page 5, under the 4.0 Facility Drainage, General Concept subheading, that: "Surface flows from upgradient disturbed areas are directed to the Tailings Storage Facility (TSF)." This water is then slated to be "retained, reused and not released." The Mining Plan does not disclose this planned use of stormwater. Rather, bottled water will be provided to employees and other domestic water and process water will be obtained from Parkville Water District. (Mining Plan § 4.5.5 at 4-38.) Colorado law requires any diversion, capturing, and placing to beneficial use of waters of the State of Colorado to be conducted in-priority unless exempted by law or unless subject to a judicially approved augmentation plan. (See Empire Lodge Homeowner's Ass'n v. Moyer, 39 P.3d 1139 (Colo 2001) and C.R.S. § 37-92-301 et seq.) This fundamental requirement of Colorado BURNS FIGA &WILL