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- U- `dli, r:,,fER IGHTS hide RtPLNCE'iENT - RC,.ES 2.04.7(3), 2.J5.6(3)(a)~ii), 2.01.ut~ ~c) ancJ 4.05.15 SIII'ULNf1UN5 - These ara concerns that could be stipulated as conditions to _he permit. Personnel with Che State Engineer's ofFice have expressed concern over the flows into the Eayle No. 5 rnine. Un Uecernber 31, 197y, the -,r on ice issued Empire Energy Corporation a .veil permit, number 24570-r, which allowed Empire to beneficially use water- flowing into 4Jisehill No. 5 mine. ?his ~nell permit has expired bec,nise Empire Eneryy did not furnish evidence to the ;rate I_nyineer that water from the well was put to In:nufl~i~l u~u :vitliin unc year of Llic ~latc tli,rt Chc• pur~nit wa; I;,:w~,, December Sl, ly7y, as required by CItS IN73, 37-9U-136(3)(a). Empire Lnergy must no~.v apply for a new well permit if they want to beneficially use the inflow into the mine. The Yampa River is not presently considered over-appropriated. Therefore, Empi~e Eneryy would not have a proolem cotaining a new well permit to Dene*icially use into ~mto t~~e Caine providea no surface water rigiats in tl:e immediate vicinity ara injured. The permit application must include any aduitiunal inflow into the mine, over r{tit, acre-feet of water. Tney also recommend that Empire [nergy apply for and obtain a decreed water right for the inflow if they have not already rJcne so. It is reco~nraended that Empire Energy Corporation prcvide documentation of tine new well permit in the permit application. t~npire Energy Corporation shall submit copies of all water riyhts applied for, obtained, or purchased by Empire Eneryy Corporation. VIII. PRUTECIiOW OF H`fDRULUGIC i;AL;~iVCE -RULES 2.U5.6(3i and 2 U7.6(21tc C::1 f I:;AL CJ1f,ER?rS - Hli concerns in this section are critical and must be resolved prior to per-~~it issuance. Thu applicant has included a description of the runoff and sedi~r.ent control/mine water discharge system that is used to meet effluent liritations. In addition to the normal effluent limitations, the quality o' water discharged from the :nine site is limited by the receiving stream standards estalalishud by the Uepartmwit of Health for the 47illia~ns t:or and '(a~.ipa rovers. Empire Lneryy Corporation must aith~r demonstrate that all effluent limitations and receiving s:. rears stanaards are :ret, or ,aro:id~ a ,,l.an for trcat:,,ent of ore effluent Fur those str,r~rJares chat ,are Cx~ei'.den.