_REVISION - M1981302 ‎(133)‎

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Name: RESPONSES TO COMMENTS SUBMITTED TO THE MLRB IN OBJECTION TO APPROVAL OF THE WESTERN MOBILE DEEPE
• Type & Sequence: AM2
• Media Type: D
• Archive: No

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procedures and policies include the following:
1. Providing notification to the Office of the State Engineer upon receipt of any
new permit applications or amendments. The State Engineer routinely reviews
new applications and amendments and provides comments to the Division
regarding the potential for injury to existing water rights.
2. When ponds are a component of a mining or reclamation plan, the Division
routinely requires operators to either:
a) Provide documentation that a gravel pit well permit has been obtained
for the operation along with the requisite plan for augmentation or
substitute supply plan, or
b) provide sufficient financial warranty to cover the cost of completely
backfrlling the pit to cover any ground water exposed to the atmosphere.
3. Providing notification to the Office of the State Engineer of all operator requests
for bond release, and providing the State Engineer with copies of bond release
inspection reports at sites where the inspection reveals ground water has been
exposed to the atmosphere.
It should be noted that the State Engineer has primacy over water rights issues at mining
operations. The State Engineer also has the authority to issue a cease and desist order
to any operator that exposes groundwater without first obtaining a gravel pit well permit
with an approved plan for augmentation or substitute supply plan.
ISSUE 5 Whether the proposed decrease in exposed water surface is appropriate to the
stated past-mining use of wildlife and agriculture and to habitat management and
creation.
Comment: "Several commentors were concerned that the proposed amendment is a departure from
the current approved plan,because of the reduction of exposed water surface from 38.1
acres to 4.2 acres and the associated potential impacts on the approved final land uses
of wildlife habitat and agriculture."
"Specific reference is made to Rule 3.1.8(2)which states that"Habitat management and
creation, if part of the Reclamation Plan, shall be directed toward encouraging the
diversity of both game and non-game species, and shall provide protection,
rehabilitation or improvement of wildlife habitat."
Response: The commentors apparently believe that by reducing the amount of lake surface, the