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<br />of the Alluvial Aquifer adjacent to Piceance Creek. A fourth alluvium monitoring well will <br />be completed downstream of the proposed upper plant settling pond to monitor for <br />discharge and quality from the pond. <br />Likewise, DMG staff has satisfied the requirements of 2 COLO. CODE REC. §407-1, <br />Rule 3.1.7(2) 3 in that no numeric protection levels are required for the support of the <br />application if practice based permit conditions are utilized. As clearly set forth above, it has <br />determined sufficient practice based conditions are contained in the application to <br />adequately protect the ground water at the Mine site and in the area pursuant to the <br />activities covered by the requested permit. <br />2 COLO. CODE REC. §407-1, Rule 3.1.7(2), provides in pertinent part, <br />(2) Establishing permit conditions, including protection levels, <br />protective of unclassified groundwater uses. <br />(a) Pursuant to the procedure specified in paragraph <br />3.].7(3), permit conditions shall be established for <br />each operation that may have a reasonable potential <br />to adversely affect the quality of the specified area <br />that has not been classified by WQCC. Such permit <br />conditions maybe in the farm of numeric protection <br />levels, practice based permit conditions, or bath. <br />ro) ... <br />(c) Permit conditions, whether practice based or numeric protection <br />levels, shall be established as follows: <br />(i) The permitconditionsshall be protective of the existingand <br />reasonably potential uses of the groundwater and may be <br />affected. The WQCC's groundwaterqualitytsble values (The <br />Basic Standars for Groundwater 3.11.0.5 CCR 1002-8) shall be <br />used as a guide in establishing the permit conditions. <br />(ii) ...where ambient groundwater quality exceeds values for <br />protection for existing and reasonably potential future uses <br />of groundwater, such as groundwater table values or other <br />numeric criteria, permit conditions shall be established to <br />protect those uses against further lowering of the <br />groundwater quality [Emphasis added.] <br />AMERICAN SODA -5- BRIEFING PAPER <br />