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<br />Comment #22: The monthly monitoring during the ground water characterization period should <br />be continued into commercial operations, rather than being stepped back to quarterly. <br />DNIG Response: The monthly monitoring during characterization is to provide sufficient data <br />points over a five quarter period to run a valid statistical analysis. Following characterization, <br />quarterly monitoring along with the process monitoring described in section 5.0 of [he Ground <br />Water Monitoring Plan, will provide adequate protection to ground water. <br />Grounds for DMG's Recommendation <br />Rule 1.4.5(5)(b) requires DMG to set forth an explanation of [he grounds for a recommendation <br />to approve an application over an objection. The grounds for the DMG's recommendation are <br />essentially that the applicant has provided a complete application (Rule l.4) that taken together <br />with the revisions and supplementary information and commitments provided subsequent to <br />initial submittal now meets the minimum requirements of the Colorado Mined Land Reclamation <br />Act. None of the denial criteria listed in section 34-32-115, C.R.S. apply to the current <br />application. If a permit were to be issued under the application, with the provision of the ..~ <br />required performance warranty and a $7,392,729.00 bond, environmental protection and the <br />return of the permit area to a beneficial post mining land use would be adequately assured. The <br />application provides for the rigorous characterization of potentially affected ground water <br />resources to be completed prior to any activities that may reasonably impact ground water <br />quality. The application provides for the characterization and monitoring of surface water <br />resources in the vicinity of the operation. A plan is incorporated for the monitoring of surface <br />and subsurface subsidence with contingencies in place if the potential for material damage is <br />detected. A wildlife protection and habitat loss mitigation plan is included, and the application <br />includes a state of the art soil conservation, erosion and sediment control, reclamation, and <br />revegetation plan. The application further provides for the proper design, construction, testing, <br />and certification of all environmental protection facilities. <br />9 <br />