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Issue 3 states the 20-foot maximum depth of mining during monitoring is an unreasonable <br />limit. The 20-foot limit was set based on observations noted at another permitted site just <br />down gradient from the proposed operation that exposed ground water at approximately <br />30 feet. The proposed limit was not based on conjecture or speculation of objectors, but <br />field observations noted by DMG staff. Until the Division has hard data to support that the <br />mining will not intersect ground water, it must error on the safe side. Staff will agree to a <br />statement that "the mining depth will be limited to the 20 foot limit until 1 year of data is <br />submitted demonstrating that excavation beyond. 20 feet will not intersect the maximum <br />ground water elevation and maintain a 2 foot cover". This will allow the operator time to <br />provide the Division with a full year's data to support the claim that no ground water will <br />be intercepted beyond the temporary limit. This is not an unreasonable limit based on the <br />lack of data provided by any party and field observation noted. <br />Issue 4 notes a question concerning having a water mitigation plan in place prior to <br />approval of the permit. After some discussion, staff agrees that based on the commitment <br />not to expose ground water, the temporary 20-foot limit on excavation until ground water <br />depth for 1 year is established and documentation from other water suppliers, there does <br />not need to be a mitigation plan in place prior to approval. However, at some time in the <br />future, should the operator submit a modification to the permit that effects surface or <br />ground water, a plan will have to be included at that time. <br />If you need additional information, please contact me at the Division of Minerals and <br />Geology, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado <br />81501, telephone no. 970.241.1 1 17. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist <br />Cc: Carl Mount, Senior Environmental Protection Specialist, DMG /Denver (e-mail) <br />Cc: Kate Pickford, Environmental Protection Specialist, DMG /Denver (e-mail) <br />Cc: Cheryl Linden, Attorney General Office, DMG Consul, (e-mail) <br />Cc: Thomas Smith, PC, Attorney for the applicant <br />