PERMFILE100319

• Permit No: M1999002
• IBM Index Class Name: Permit File
• Doc Date: 7/1/1999
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW & ORDER
• Media Type: D
• Archive: No

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