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JUhi-18-1°°9 1202 F.OTHGERBEP. JOHNSON3LYON5 III IIIIIIIIIIIIIIII <br />' ~ I 1 ' • • 999 I <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />PREHEARING BRIEF OF GENERAL CHEMICAL <br />IN THE MATTER OF AMERICAN SODA, L.L.P., YANKEE GULCH MIIVF,RALS <br />PROJECT, FILE NO. M-99-002, APPROVAL OF A 112 PERMIT AMENDMENT <br />APPLICATION <br />The principal legal issue presented by this application is whether the proposed <br />Groundwoter aril Surface Water Monitoring Program, which does not itself establ/sh turmeric <br />protection levels, but is rather intended to generate data which can be used to establish numeric <br />protection levels, can satisfy the requirements of statute and Rule. <br />This issue corresponds to the DMG's discussion of Comment Number 20 in its Issues <br />Raised in Public Comments on the Application. It is a legal issue because the main fact is not in <br />dispute. Valid pre-mining ambient groundwater data do not exist. The Groundwater and Surface <br />Water Monitoring Program addresses this fact. The DMG recommends approval of a thirteen <br />month data Wllection program which will be conducted prior to injection of solution mining <br />fluids, but simulranemrsly with other development activities. <br />Genera! Chemital'a Prior Comments <br />Comment Number 20 does not fairly summarize General Chemical's prior comments. <br />General Chemical has consistently objected that American Soda's Monitoring Program proposal <br />is illegal. General Chemical has many years of environmental regulatory experience, and is <br />