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<br />_18_ <br />Stipulation No. 2 <br /> <br />WITHIN 30 DAYS OF PERMIT ISSUANCE, THE PERMITTEE MUST SUBMIT A STATEMENT <br />CERTIFIED BY A REGISTERED PROFESSIONAL ENGINEER ATTESTING THAT THE TWO <br />SEDIMENT PONDS HAVE BEEN CONSTRUCTED AS DESIGNED. <br />The applicant has requested small area exemptions from sediment control for <br />two areas; the fan area, and a storage area denoted as watershed 13-A art Map <br />13A of Volume IV of the application. The fan area is disturbed by a road and <br />the fan facilities. The disturbed areas are covered with clean gravel, <br />therefore, very little erosion occurs. No erosional problems have been <br />observed by Division inspectors. <br />The applicant is proposing to use straw bale filters to contain sediment from <br />watershed 13-A. This watershed is 3.4 acres in extent, most of which is <br />undisturbed. This area is used for storage, has a light-use road through it, <br />and contains an air shaft and escape hoist plus a few foundations. Division <br />inspectors have observed some minor erosional problems below this watershed . <br />area. The straw bale filter should be adequate to control any additional <br />erosion. <br />Pursuant to Rule 4.05.2(3) the Division hereby grants a small area exemption <br />for both of the aforementioned areas on the basis that: 1) Both areas contain <br />a small amount of disturbance; 2) There is no mixture of surface drainage with <br />mine discharge; and 3) The pennittee should be able to meet the effluent <br />limitations of Rule 4.05.2 and applicable receiving stream standards.. <br />The applicant has stated that the potential for detrimental effects of the <br />mining operations on local surface water quantity will be minimal. Additional <br />information is necessary to verify this prediction. Therefore, the following <br />stipulation is necessary in order to comply with Rule 2.05.6(3)(b)(iv). <br />Stipulation No. 3 <br />THE PERMITTEE MUST DEVELOP AND SUBMIT A SURFACE WATER BUDGET THAT <br />ADDRESSES THE AMOUNT OF WATER REMOVED FROM THE PURGATOIRE RIVER, THE <br />AMOUNT OF WATER THAT IS CONSUMPTIVELY USED DURING MINING, AND THE AMOUNT <br />THAT IS DISCHARGED TO THE RIVER. THIS INFORMATION MUST BE SUBMITTED TO <br />THE DIVISION WITHIN 30 DAYS OF PERMIT ISSUANCE AND IS TO BE INCLUDED AS <br />PART OF THE PROBABLE HYDROLOGIC CONSEQUENCES DISCUSSION. <br />With the acceptance of the above stipulations, the proposed operation will be <br />in compliance. <br />VI. Hydrologic Balance: Ground Water - Rules 2.04.5. 2. <br />Exhibit 6 of Volume I, Exhibit 9 of Volume II, and CF&I'S responses to the <br />Division's concerns were reviewed for compliance with the above sections of <br />the Colorado Rules and Regulations. Data provided by the applicant is <br />sufficient to make the following findings with stipulations. <br />