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Mr. Tom Schreiner <br />May 25, 2005 <br />Page 5 <br />1. All the information in the application is not correct. NLRB Rules state "all <br />information in an application must be accurate and complete" NLRB Rules <br />§1.4.1(3). <br />2. The information required by the NLRB Rules, including evidence that the operation <br />will comply with the applicable ground water performance standards under Rule 3, <br />was not provided by the applicant. <br />3. The information required by the NLRB Rules because the operation is expected to <br />directly affect the ground water system (NLRB Rules, §6.4.7(2), has not been <br />provided by the applicant. <br />4. Cottonwood Creek is within the proposed site boundaries. The application <br />incorrectly states that "There are no perennial streams ... on the permit property." <br />Exhibit G does not correctly reflect these facts. <br />Based on the information presented above, major impacts to the hydrologic balance <br />and ground water system will occur during reclamation; therefore, the application <br />does not comply with CMLR Act 34-32-116(7), <br />I£the permit is approved, Black Hawk requests the following conditions in the permit to ensure that <br />no injury occurs to Black Hawk's water rights (NLRB Rules, §3.1.6(1)(a)): <br />• The permit should be conditioned to require the applicant to provide all the information <br />required by its Rules, including evidence that the operation will comply with the applicable <br />ground water performance standards under Rule 3. <br />The permit should be conditioned to require the applicant to provide a Bound water <br />monitoring program to ensure ground water quality is undisturbed by mining operations. <br />(NLRB Rules, §3.1.7(7)) <br />The permit should be conditioned to require the applicant to comply with Colorado water <br />laws and regulations and Colorado water quality laws and regulations (NLRB Rules, <br />§3.1.6(1)(a) and (b)) <br />II. WILDLIFE <br />Ms. Denise Larson, Ecologist with ERO Resources Corporation (ERO), reviewed the applicant's <br />plan and evaluated the potential impacts to wildlife. Comments regarding the 1) Golden Eagle, 2) <br />threatened, endangered, and sensitive species, and 3) the Migratory Bird Treaty Act are explained on <br />page 4 of ERO's letter to Ms. Katie Fendel dated May 25's, 2005 (attached). <br />• Per ERO's letter, if the permit is approved, Black Hawk requests the following conditions in the <br />permit: <br />LEONARD RICE ENGINEERS INC <br />