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water biota, due to physical habitat, water flows or levels, or uncorrectable water quality conditions that result in substantial impairment of the abundance and diversity of species. The "Use Protected" designation is for waters of the state that do not warrant special protection provided by the outstanding waters designation or the antidegradation review process. Basically, the "Use Protection" designation allows for some water quality degradation, as long as the use classifications are protected (see Colorado Water Quality Control Commission). In addition to the state's water quality designations, classifications and numeric standards, all surface waters of the State are subject to the Basic Standards (Colorado Water Quality Control Commission), which in part read: state surface waters shall be free from substances attributable to human-caused point or nonpoint source discharge in amounts, concentrations or combinations that: 1. Can settle to form bottom deposits detrimental to the beneficial uses (e.g. silt and mud). 2. Are harmful to the beneficial uses or toxic to humans, animals, plants, or aquatic life. 3. Produce a predominance of aquatic life. No wetlands or riparian zones occur in the project area. Key factors that influence the surface water quality in the project area include sparse vegetative cover, erosive and saline soils, and rapid runoff. Environmental Consequences/Mitigation Impacts common to both the Proposed and Preferred Alternatives: The operator is required to comply with the Clean Water Act (CWA). Permits (as needed), must be obtained pursuant to Section 404 of the CWA, from the U.S. Army Corps of Engineers (COE). This permit is required for (1) any construction (or maintenance) in a river, wetland, springs, or ephemeral washes and/or (2) the construction of road crossings and pipelines that cross ephemeral washes. Under the National Pollution Discharge Elimination System (NPDES) general permit, a Storm Water Pollution Prevention Plan (SWPPP) could be required for the Plan. Prior to stockpiling waste rock or ore, the operator is required to conduct a leaching test on the materials by the Colorado Division of Minerals and Geology. The EPA's Synthetic Precipitation Leaching Procedure (SPLP) is used to evaluate the potential for leaching metals or hazardous materials into ground and surface waters using simulated natural conditions such as rain water. Results from the testing would dictate how the waste rock and ore stockpiles would be constructed and managed so that leaching of hazardous materials does not impact surface or ground water resources. Shallow groundwater aquifers could potentially be impacted in the long-term by mining activity, and surface activities and accidental spills of toxic and/or hazardous materials. The impact of such spills would be minor due to the probable low volumes of spilled materials and localized extent of such spills. Impacts anticipated would be very low and -ong term in potential. The l6