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PERMFILE43836
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PERMFILE43836
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Entry Properties
Last modified
8/24/2016 10:46:18 PM
Creation date
11/20/2007 11:43:18 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1996083A
IBM Index Class Name
Permit File
Doc Date
11/30/2004
Doc Name
Case No. CW 263 Water Augmentation Plan
Section_Exhibit Name
Exhibit 02 Water Augmentation
Media Type
D
Archive
Yes
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Application oCBowie Resources, Limited <br />Case No. 99 CW 263 <br />Ruling of Referee and Decree <br />Pagel l <br />I~ <br />of the High Value Ponds aze shown on Figure 5, attached hereto and incorporated herein by <br />reference. <br />iii. Applicant has a permit (the "DMG Permit") from the Colorado Division of <br />Minerals and Geology ("DMG") for its mining activities in connection with the operation of the <br />Bowie Mine No. 2. Pursuant to the DMG Permit, Bowie is required to monitor numerous springs <br />and ponds, including the High Value Springs and the High Value Ponds. Such monitoring is done <br />four times per yeaz. The monitoring information is submitted to the DMG annually by Apri130 of <br />each year, and will provide baseline information concerning the flows from the High V alue Springs, <br />the water stored in the High Value Ponds, and flows from and storage in other neazby springs and <br />ponds. Applicant will submit its DMG monitoring information to the Forest Service at the same <br />time that it submits such information to the DMG, or more frequently upon request from the Forest <br />Service. <br />iv. The Applicant and the Forest Service will review the monitoring information <br />relating to the High Value Ponds from time to time to determine whether any of the High Value <br />Ponds are being impacted by Applicant's mining activities. Determination and mitigation of injury <br />to any of the High Value Ponds will be made as follows: Ponds outside of the angle of draw of the <br />mine workings (using a 25-degree angle of draw) will be used as a barometer against which to <br />monitor and measure water stored in the High Value Ponds. If either the Forest Service or the <br />Applicant believe that a High Value Pond has an unseasonably low water level, when compazed <br />against the barometer ponds, Applicant will inspect the High Value Pond for subsidence cracks or <br />other evidence of subsidence. Ifevidence of subsidence is found, Applicant will promptly repair the <br />subsidence crack through the installation ofan impervious lining such as bentonite or synthetic lining <br />material. Alternatively, Applicant may, with the consent of the Forest Service, replace the Pond at <br />a mutually acceptable neazby location, or mitigate the impact in anyother manner mutually ageeable <br />to Applicant and the Forest Service. <br />v. The Applicant and the Forest Service will review the monitoring information <br />relating to the High Value Springs from time to time to determine whether any of the High Value <br />Springs are being impacted by Applicant's mining activities. If either the Applicant or Forest Service <br />believes that one or more of the High Value Springs is being impacted by Applicant's mining <br />operations, that party will contact the other party and initiate discussions to determine whether there <br />is an impact and if so, the magnitude of the impact. If the parties are able to reach an agreement as <br />to the nature and magnitude of the impact, that impact will be mitigated in the manner provided <br />below, or in any other manner to which the parties may agree. If the parties are not able to agree as <br />to the nature and/or magnitude of the impact, the parties will submit the matter to the Division <br />Engineer for Water Division 4 for determination, and the parties will abide by the decision of the <br />Division Engineer. <br />
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