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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Boazd orders that the <br />application of SW Meadow, LLC fora 112c reclamation permit, M-2003-016 is hereby <br />approved, with the following conditions: <br />I) A reportable spilt is a spill of any toxic or hazardous substance (including spills of <br />petroleum products) within the mined land permit azea reportable to any Division of the <br />Colorado Department of Public Health and the Environment, the National Response <br />Center, the Colorado Emergency Planning Commission, any local Emergency Planning <br />Commission, local Emergency Planning Committee, or the State Oil Inspector. The <br />Mine Operator shall notify the Division of Minerals and Geology (DMG) of a reportable <br />spill within the mined land permit azea using the same time frame required by the permit, <br />license, notice, statute, rule or regulation governing the reporting of the spill to the other <br />appropriate agency. Notice of a reportable spill shall be faxed to Minerals Program <br />Supervisor, Division of Minerals and Geology, Fax Number (303) 832-8106. The fax <br />shall include a callback number of a responsible company official for DMG staff to use <br />as a contact. <br />2) The operator will implement the groundwater monitoring system as outlined in <br />the Wright Water Engineers, Inc. report, titled "Groundwater Monitoring and Mitigation <br />Plan for Heit Aggregate Resource Operation, Weld County, Aquatic and Wetland <br />Nursery and Coyle Property," and as defined in adequacy review. At least 16 months of <br />data will be collected prior to initiating mining activities and/or slurry wall installation at <br />the Heit Mine. Based on analysis of collected data, an augmentation trigger mechanism <br />will be proposed to DMG in the form of a Technical Revision to the permit and approved <br />by DMG prior to initiating mining and slurry wall activities at the site, This trigger <br />mechanism must be specific as to volumes of water involved, times of year for delivery, <br />and the length of time augmentation will occur. <br />3) The operator has submitted its proposed mining plan to Weld County for review <br />of potential floodplain impacts from the mine. The operator will implement any <br />floodplain requirements by Weld County, resulting from this review, as part of its mining <br />plan. <br />DATED this % 7 ~ day of ~~~u-1- , 2003. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Harry Jav ick, ice Chairman <br />Mined Land Reclamation Board <br />