1997-06-13_REVISION - M1981302 (60)

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Page 17 the ponds that are a component of the reclamation plan proposed in the amendment. Obviously, the 4.2 acres of water surface proposed in the amendment application would experience much less evaporative loss than the 38.1 acres of water surface in the current approved reclamation plan. In either case, the Division has procedures and policies in place to assure that reclamation plans do not cause injury to existing water rights. Those procedures and policies include the following: i 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 backfilling 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 post-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