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III. ISSUES <br />Presentations to the Board shall be limited to the following issues. The parties shall limit <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />1. Has a statement identifying all other permits, licenses and approvals the Operator <br />holds or will be seeking been provided? The permits of concern are: Colorado <br />Department of Public Health and Environment, Water Quality Control Division <br />(storm water permit) and the Air Pollution Control Division; the Conditional Use <br />Permit from Fremont County; and any necessary Federal permits. (Rule 6.4.10, <br />Exhibit M) <br />2. Has a description of the game and non-game wildlife resources on and in the <br />vicinity of the application azea been provided? Have all aspects of the mining and <br />reclamation plan taken into account the safety and protection of wildlife on the <br />mine site? (Rules 6.4.8 and 3.1.8) <br />Has the Applicant demonstrated pursuant to Subsection 6.5(4), Geotechnical <br />Stability Exhibit, that off site azeas will not be adversely affected by blasting <br />during mining or reclamation operations? (Rule 6.4.4(1) and 6.5(4)) <br />4. Is any part of the proposed mining operation, the reclamation program, or the <br />proposed future use contrary to the laws or regulations of 34-32.5, "Colorado <br />Land Reclamation Act for the Extraction of Construction Materials"? (§34-32.5- <br />1 I S-(4)(c)) <br />Has the applicant adequately addressed how disturbances to the prevailing <br />hydrologic balance of the affected land and the surrounding area and to the <br />quantity and quality of water in groundwater systems both during and after the <br />mining operation will be minimized? The specific concerns are listed below. <br />(Rule 3.1.6 and §34-32.5-I 16(4)(h)) <br />i. Potential impacts to water wells in terms of water quality, and to water <br />quantity from the proposed mining operations and from blasting <br />vibrations; <br />ii. Potential water quality impacts from the release of toxins, including iron <br />gas, in the overburden and mined material; and <br />iii. Potential water quality impacts due to buried toxins from earlier <br />operations. <br />