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Preliminary Adequacy Issues May 4, 2007 <br />San Luis Project, AM-02 <br />Permit No. M-1988-112 Page 5 <br />16. The AM-02 application describes a plan whereby the ongoing West Pit water <br />management would eventually be regulated under a land application permit to be issued by the <br />Colorado Water Quality Control Division (WQCD). Colorado Senate Bill 1989-181 made the <br />DRMS an implementing agency for the protection of ground water and led to the adoption of <br />Rute 3.1.7. As a result, WQCD is prohibited from issuing a land application permit in this matter. <br />The DRMS recognizes that this determination differs from discussions with Battle Mountain <br />during pre-AM-02 application meetings, but this determination is the result of recent findings <br />resulting from a land application permitting process in Larimer County. The DRMS will therefore <br />require that in order to proceed with AM-02, Battle Mountain must permit the land application of <br />West Pit water to irrigated fields through DRMS. Battle Mountain and DRMS can investigate <br />and discuss the possibility that some agency, other than WQCD, could eventually take over the <br />regulation of the ongoing land application as the process moves forward. <br />Therefore, should the Applicant desire to pursue the plans submitted through AM-02, the DRMS <br />requires that AM-02 be amended, per the requirements of Rule 1.8, with new public notice and <br />associated public comment period, and new decision deadline. Should the Applicant need more <br />time to respond to these adequacy issues, the DRMS recommends that the Applicant submit a <br />written request to extend the May 12~h decision deadline for AM-02. <br />Please contact me at the DRMS office in Durango at 701 Camino del Rio, Room 125, Durango, <br />CO 81301, phone (970) 247-5469, if you have any questions. <br />'(/,~/_ <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />cc: Tanya Light, AGO <br />Tony Waldron, DRMS <br />Allen Sorenson, DRMS <br />David Bird, DRMS <br />