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<br />-3- <br /> <br />during the mining start-up period are representative of ambient ground water quality, and <br />therefore that the baseline parameters satisfy the water quality protection mandate of the <br />Act and Rules. <br />C. The method detection limits for ground water quality parameters set out in the <br />Ground Water and Surface Water Monitoring Plan should be reviewed and revised <br />according to the conditions outlined below. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board hereby APPROVES <br />American Soda's 112d permit application, subject to the following conditions: <br />CONDITION NO. 1 <br />The ambient ground water quality data collected through implementation of the ground water <br />characterization plan described in the permit application will be incorporated into the permit <br />through a technical revision that will assure an opportunity for meaningful public participation in <br />the process. Permit conditions protective of ground water will also be established through the <br />same technical revision process, which is described below. Until the permit is so revised to <br />include permit conditions protective of ground water, the Operator is precluded from injecting <br />fluids under this permit for the purpose of solution mining. If the ambient ground water quality <br />information collected under the characterization plan proves to be inadequate to establish permit <br />conditions protective of ground water, the Board may require additional characterization of <br />ground water prior to allowing injection of fluids for solution mining. If the ambient ground <br />water quality information demonstrates that the existing and reasonable potential future uses of <br />ground water may not be protected by permit conditions under the mine plan described in the <br />permit application, or in the permit as it may be revised, then the Board may bar the Operator <br />from further executing the mine plan and require reclamation of any disturbance that has <br />occurred up to that point. The technical revision process to be employed will occur through the <br />following steps: <br />• Provision of the ground water data to the Division as it is accumulated rather than as a single <br />submittal at the end of the data gathering period. The Division will disseminate the data to the <br />parties to the permit application process. This procedure will assure that interested parties have <br />adequate opportunity to evaluate the data. <br />• Once all of the required ambient ground water data has been accumulated, the Operator will <br />apply for a technical revision to incorporate [he data into the permit and to establish permit <br />conditions protective of ground water. The Operator will follow the public notice procedures of <br />Rule 1.6.2 and Rule 1.6.3. Public comment on the technical revision will be in accordance with <br />Rule 1.7.1 and Rule 1.7.2. <br />• A Formal Public Hearing will be convened during the July 2000 meeting of the Board to <br />consider [he merits of the technical revision and to hear testimony from the parties and the <br />public. If the technical revision is not ready for a hearing in July 2000, the hearing date could be <br />continued. If the hearing is to be continued, then the operator must notify the parties at least 45 <br />days prior to the hearing. <br />