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1- <br />13. As to the proposed storage facility on or near the Shalom Ranch, there <br />needs to be a showing that the storage facility is adequate for the overall needs of the <br />plan including a means to deal with heavy runoff, and has sufficient integrity to prevent <br />leaks. Also, there needs to be a remediation plan, and an ability to remedy a leak with <br />little or no injury if one occurs during use. There also needs to be an adequate leak <br />detection procedure in place for the buried pipe after the pipe is placed in service. <br />14. There are generally health and safety considerations for the inhabitants of <br />the Town of San Luis and the school which should be of paramount concern in <br />considering the application. <br />15. The possibility of the untreated waters migrating from the Shalom Ranch <br />property onto adjoining properties needs to be addressed either through naturally <br />occurring flow of the groundwater, and/or movement by winds, and particularly those <br />winds that blow heavily in the spring. <br />16. Any injury to lands and/or waters as a result of moving such untreated <br />waters to the Shalom Ranch may constitute a taking to those impacted parties without <br />compensation to the loss of property values. <br />17. The permit amendment needs to be examined under the criteria set forth <br />in the Regulations as to the hydrology and water quality. <br />18. BMRI contends that it intends to amend the surface and groundwater <br />monitoring plan to reflect the current status of site-wide closure and reclamation. Detail <br />needs to be provided as to how and in what manner the surface and ground water <br />monitoring plan would be modified. <br />19. BMRI needs to provide detail as to the post reclamation land use <br />description. <br />20. Allowing the plan to go forward as proposed in the permit amendment <br />requires separate approval by the Colorado Department of Health and Environment as <br />to discharges and Water Court approval in Water Division III for a water right/change in <br />water right decree. <br />21. As proposed in the Amended Application, the Division of Reclamation <br />Mining and Safety may lack jurisdiction as to issues of placing waters to beneficial use <br />on farm lands. <br />6 <br />