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Mr. Carl B. Mount July 21, 2003 Page 5 of 10 To the extent that attempts to satisfy any of these criteria in the future may result in a corresponding reconfiguration or redesign of the project, the MLRB application is both incomplete and premature.Z Paragraph (2) of Rule 3.1.6 states as follows: (21 Earth dams, if necessary to impound water, may be constructed if the formation of such impoundments will not damage adjoining property or conflict with water pollution laws, rules or regulations of the federal government, the state of Colorado or with any local government pollution ordinances. This application does propose various clarifying and storage impoundments. The application fails to disclose the design capacities and proposed method of containment of these impoundments and does not quantify typical storm water amounts, frequencies or intensities. Accordingly, it is not possible to conclude that the proposed impoundments are adequate to contain expected storm and ground water encountered on site during the life of the mine. Additionally, as discussed above, the applicant has not applied for or received required state of Colorado water storage rights appurtenant to its proposed impoundments. The associated question of injury to senior vested water owners is therefore, completely unaddressed, aside from the concerns raised by my clients. Paragraph (3) of Rule 3.1.6 provides: (3) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion. The application does not contain sufficient detail in this regard and therefore fails to demonstrate that disturbed surfaces will be stabilized and protected so as to effectively control erosion. Rule 3.1.7 contains requirements and criteria specifically addressing protection of groundwater quantity and quality. That regulation provides, in pertinent part: Also in tfiis regard, tfie application fails to satisfy the mondated requirements of Rule 3.1.5(11) which prohibits "... unauthorized release of pollutants to groundwater .. "and requires the applicant to demonstrate the measures proposed to satisfy this requirement.