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<br />revision was approved allowing certain modifications to be made within <br />this ditch in an attempt to alleviate the problem. Excessive downcutting <br />also occurred in the lowest portion of the northern sediment control <br />ditch. A requirement to redesign and reconstruct this portion of the <br />ditch was included in the adequacy review of the permit renewal <br />application. According to the operator's response, this redesign etc. <br />was to be part of a future technical revision proposed to alter the <br />overall design of the expanded refuse facility. The Division <br />subsequently directed the operator to submit this revision by September <br />10, 1987, later revised to October 10, 1987, in order that a Notice of <br />Violation not be issued citing the excessive erosion occurring in the <br />ditch. <br />Modification of the original design for the permanent diversion of <br />Starkville Gulch to include the addition of culverts was proposed as part <br />of a revision to the permit allowing relocation of the Animas Mine <br />portals. These eight foot diameter culverts were installed in the <br />eastern portion of the diversion in order to facilitate access to the <br />relocated mine portals. <br />With the submittal of. an acceptable technical revision by the operator <br />that includes an adequate design for the lower portion of the northern <br />sediment control ditch and the implementation of that design, the present <br />and proposed operations are in compliance with the requirements of this <br />section. <br />VI. Hydrologic Bal <br />and 4.05 <br />e: Ground Water - Rules 2.04.5, 2.04.7(1), 2.05.6(3 <br />The area of potential impact of the Animas Mine was expanded during the <br />first permit term by a revision adding three railroad loadouts located in <br />the City of Trinidad to the permit area. Although the loadouts are in <br />close proximity to the Purgatoire River, they do not lie upon alluvial <br />material. The Pierre Shale that does underlie these facilities is not a <br />significant source of ground water for either local domestic, <br />agricultural, or industrial use. There are no water supply wells located <br />on the properties; the areas are not felt to be in the recharge area for <br />any significant aquifers. Asa result, the loadouts will not impact the <br />hydrologic balance of ground water in the permit or adjacent area. The <br />ground water study and data included in the original permit application <br />covered not only the permit area anticipated at that time but much <br />contiguous area that was subsequently added to the permit area during the <br />first permit term. Updating of the surveys of water wells and of <br />springs and seeps within one mile of the original Animas Mine permit area <br />and expanding the surveys to include areas adjacent to the enlarged <br />permit area did not identify any new water wells or springs or seeps. As <br />a result, the content of this section of the original permit application <br />is adequate for the permit area proposed for the permit renewal term with <br />one possible exception. <br />The ground water study included in the original permit application <br />concluded there would be no ground water inflow into the Animas mines. <br />Although this has since proven to be incorrect, the average inflow is <br />-13- <br />