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Mr. Tom Schreiner May 25, 2005 Page 14 5. Water cannot be stored in control basins without replacement of evaporation depletions through an approved substitute water supply plan. 6. The permit should be conditioned to require the applicant to adequately address the above comments should any amendment to the permit be sought changing the post-mining use from wildlife to developed water resources. The permit should be conditioned to require the applicant to provide all the information required by its Rules, including evidence that the operation will comply with the applicable ground water performance standazds under Rule 3. The permit should be conditioned to require the applicant to provide a ground water monitoring program to ensure ground water quality is undisturbed by mining operations. (NLRB Rules, §3.1.7(7)) 9. The permit should be conditioned to require the applicant to comply with Colorado water laws and regulations and Colorado water quality laws and regulations (NLRB Rules, §3.1.6(1) (a) and (b)). 10. The applicant must complete a habitat assessment of the site and coordinate with the United States Fish and Wildlife Service. 11. The applicant to complete a wetland delineation of the Colorado Department of Transportation (CDOT) right of way. 12. The applicant must complete paleontological studies to determine the presence and location of cultural and paleontological resources. 13. The applicant must provide calculations for sizing the sedimentation ponds, including identification of expected detention times at the appropriate design flows to provide adequate treatment. 14. The applicant must provide calculations demonstrating the sedimentation ponds aze designed and sized to prevent siltation and blockage ofthe existing Highway 119 culvert immediately downstream. 15. Mining operations must not adversely impact downstream aquatic life. 16. The applicant must show that the ponds are either adequately sized to handle sediment accumulations over the life of the mine, or a periodic maintenance plan should be required. 17. The design storm(s) to be passed must be identified, including peak velocities and volumes. 18. Calculations for sizing the diversion channels must also be provided, including channel configurations and channel bottom slopes. `~ J LEONARD RICE ENGINEERS. INC.