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Mr. James Dillie Adequacy Letter, Apache Mine Permit No. M78-009 Page 5 from collecting in the mining area, small diversion ditches wil•1 may be created to carry the water around the working area and ixte return the water to the primary drainage course. Disturbed area runoff water is controlled by berms and either retained in the disturbed area or diverted to erosion control dams in accordance with the Stormwater Management Plan. If water does collect in the pits during periods of heavy precipitation, it will either evaporate or will be used to irrigate adjacent land. Item 6 Rule 3.1.6 states, in part, that disturbances to the prevailing hydrologic balance regarding quantity or quality of water in surface systems both during and after the mining operation and during reclamation shall be minimized by measures, including, but not limited to; compliance with applicable Colorado water laws and regulations governing injury to existing water rights; compliance with applicable federal and Colorado water quality laws and regulations, including statewide water quality standards and site-specific classrfecations and standards adopted by the Water Quality Control Commission ("WQCC"). Also, "earth dams, if necessary to impound water, may be constructed if the formation of such impoundments will not damage adjoining property or conflict with water pollution laws, rules or regulations of the federal government, the state of Colorado or with any local government pollution ordinances. " Water runoff issues need to be addressed since, as was discovered during a Division re-inspection trip and what was told to the Division by an adjoining landowner, the drainage systems are carrying significant quantities of clay particles off site (into the east branch of Brackett Creek) during severe rain events. Nothing, apparently, has been done to minimize this situation as required by Rule 3.1.6 RBC committed to construct ditches or berms around overburden stockpiles in the approved permit so that sedimentation that is present in runoff will not affect reclamation areas The division did not observe any ditches or berms around the overburden stockpiles during the pre-operation inspection or the re-inspection of the site The operator is allowed to mine thru the historical drainage areas However, there is noting in the permit that stipulates how the downstream areas will be protected from excess sedimentation as a result of the mining operation, except that water bars would be placed in the drainage Obviously, the existing approved mining plan does not adequately protect the hydrologic balance Even if all the approved structures (water bars, ditches and berms) were in place, the water qua/ity of surface runoff, during most storm events, would be adversely affected This issue is of concern not only to the