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(v) Based upon these items and others considered by the Division in its review of the <br />applicant's determination of probable hydrologic consequences, the Division's Findings <br />are appropriate; and <br />(vi) Should the water monitoring program proposed by the applicant indicate that the <br />applicant's determination of probable hy~roingic consequences is incorrect, the <br />Division will require the applicant, pursuant to Section 2.05.6(3)(v), 4.05.15 and <br />2.04.7(3) of the Regulations, to implement preventative and remedial measures as <br />necessary to prevent material damage, to minimize hydrologic impacts, and to meet <br />the performance standards of Section 4.05 of the Regulations. <br />d. With regard to Raton West's request that the Board require Basin to notify those persons <br />subject to the Public Notice requirements of Section 4.20.2 of the Regulations no earlier than <br />eight to twelve months prior to undermining, the Division stated that as the Board's regula- <br />tions have no limit as to how early an operator may inform someone of future undermining, <br />the applicant had met the letter of the Regulations regarding the Public Notice requirements. <br />Additionally, Basin has stated in the permit application that Basin will submit quarterly <br />updates of the Surface Ownership Map for those areas to be undermined, and provide proofs <br />of mailings of the Public Notices to those surface owners for inspection by the Division, to <br />ensure that surface owners are made aware of future underground mining operations as soon <br />as possible. <br />FINDINGS OF FACT <br />Based upon the foregoing, and pursuant to C.R.S. 34-33-119(5), the Board hereby finds that: <br />I. With regard to Raton West's request that the Board enforce C.R.S. 34-48-106, it is stated in <br />C.R.S. 34-33-105 that "the Division and Board shall have jurisdiction and authority over all <br />persons and property, public and private, necessary to enforce the provisions of Article Thirty- <br />three of the Colorado Revised Statutes." <br />2. With regard to the request by Raton West that the Board not renew Basin's permit due to the fact <br />that the application for permit renewal was submitted later than the required 180 days or more <br />prior to permit expiration, there is no specific sanction against permit renewal if an applicant fails <br />to submit the application as required by C.R.S. 34-33-109(7)(a). <br />3. With regard to the request by Raton West that the Division's Proposed Decision document be <br />revised to reflect that the Division's review of the applicant's determination of probable hydro- <br />togic consequences would not be conclusive until the results of the proposed water monitoring <br />program were evaluated, the Board's Regulations require an applicant to determine the probable <br />hydrologic consequences that the proposed operation would have upon the hydrologic balance, and <br />to propose a water monitoring program that would be adequate to verify that determination. In <br />the case of the Golden Eagle Mine permit renewal application, this was done. <br />The Division is required to then evaluate the validity of the applicant's determination, and the <br />adequacy of the proposed monitoring program, both of which were also done. As such, the <br />Division's review of the Golden Eagle Mine permit renewal application, with respect to the <br />procedure for review of the applicant's determination of probable hydrologic consequences and <br />the proposed associated water monitoring program, was appropriate. <br />8 <br />