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<br />Mr. alike Refer-CA~b1.A5 Cr.., G:c <br />Srptembt•r ?6. ?000-r[drqunn~ Ltr.-M-?OOu-08? <br />Pnge 3 <br /> <br />3) The operator has stated in Exhibit G-I that "There are 14 permitted wells within 600 feet of [he <br />mining boundary. An additional 6 wells are permi«ed, but not located according to SEO records." <br />Prior to a recommendation of approval by the Division, the applicant will need to demonstrate that impacts to <br />surface and ground water will be minimized both during mining and reclamation. Several options are <br />available that will satisfy this requirement. The Division requests that the applicant review the options listed <br />below and complete one of the following: <br />Oprion A: The applicant will provide the Division with an assessment of the vertical and lateral extent of <br />anticipated impacts [o ground water associated with the open lake or water reservoirs. As part of this <br />assessment, the applicant will identify the owner of any permanent, manmade structure or permitted and/or <br />adjudicated water right that may be adversely affected and will provide a mitigation plan for such structure or <br />permitted and/or adjudicated water right. Also, prior to exposure to ground water at the site, the applicant will <br />provide the Division with written evidence of a damage waiver from all owners of permitted and/or <br />adjudicated water rights within 600 feet of the affected land. <br />Option B: The applicant will provide the Division with an assessment of the vertical and lateral extent of <br />anticipated impacts to ground water associated with the open lakes or water or storage reservoirs. As part of <br />this assessment, the applicant will identify the owner of any permanent, manmade structure or permitted <br />and/or adjudicated water right that may be adversely affected and will provide a mitigation plan For such <br />structure or permitted and/or adjudicated water right. Also, the applicant will provide the Division with a <br />detailed ground water investigation to verify whether [he proposed rate of pumping, expected drawdown rate <br />and expected cone depression during maximum pit disturbance will or will not adversely affect the owner of <br />any permitted and/or adjudicated water right. If the ground water investigation indicates that any owner of a <br />permitted and/or adjudicated water right may be adversely affected, the applicant will provide a mitigation <br />plan for such permitted and/or adjudicated water right. (For purposes of this ground water investigation, the <br />maximum pit disturbance will be defined as the maximum number of acres excavated and dewatered at any <br />one time.) <br />Option C: The applicant will provide the Division with a ground water monitoring plan which will be <br />implemented by the operator to verify the presence or absence of impacts to [he ground water system in [he <br />affected land and surrounding area throughout the life of the operation. A[ a minimum, the monitoring plan <br />should include the location of monitoring stations, frequency of water table elevations to be collected. <br />commitments for baseline data collection prior to exposure to ground water, commitments for reporting <br />measurements to the Division, water level criteria that will be used to determine when an adverse affect to <br />ground water has occurred and commitments for rrutigation in the event the adverse impact criteria are <br />exceeded. If this option is chosen, the Division recommends that at least 12 months of baseline water level <br />data be collected prior to exposure to ground water at the site. <br />4) The applicant states in Section 8.02 that "Water consumed by the mining operation will be replaced to <br />the surface system under a Substitute Supply Plan regulated and approved by the State Engineer. <br />The applicant also states in Section 8.05-Project Water Supply that "Prior to exposing the ground <br />water, the applicant will be required by the State Engineer's Office to obtain a well permit and <br />Substitute Water Supply Plan." <br />The Division requests that the applicant commit to no exposure of ground water at the site until an OSE- <br />approved, temporary subs[im[e supply plan for mining purposes is obtained. Also, [he Division will require <br />demonstration of acourt-approved augmentation plan for the site prior to financial warranty release. In the <br />event that all reclamation tasks for the East 8'" Street Operation have been completed to the Division's <br />