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DMG Response - The Applicant has provided an adequate demonstration of existing vegetation resources, including riparian vegetation along drainages that occur within the affected land. The Applicant has contacted the U.S. Army Corps of Engineers (USACOE) for input regarding the presence or absence of jurisdictional wetlands on site, and the need for a permit to disturb such wetlands. Although there are several ephemeral drainages on site, there are no known jurisdictional wetlands within the proposed affected land. 14. Has the Applicant provided adequate fuel contaitmtent measures for above ground fuel storage to protect surface and groundwater resources in the affected land and surrounding azea, as required by Rule 3.1.6(1)? DMG Response -The Applicant has committed to primary and secondary containment measures that will be employed in the event of a leak or spill of diesel fuel as used or stored on site. The Applicant has committed to employ the Division's standazds regarding Spill Prevention, Containment, and Countermeastues (SPCC). 15. Has the Applicant provided an adequate assessment of the potential impacts to surface and groundwater resources, an adequate monitoring program to ensure the protection of surface and groundwater resources, and an adequate mitigation plan to be implemented in the event of an exceedance of a surface water quality standard, as required by Rule 3.1.6? DMG Response -The Applicant has provided a detailed assessment of the potential impacts to both surface water and groundwater in the affected land and surrounding azea. The Applicant has committed to comply with requirements of the Office of the State Engineer regazding water supply. The Applicant has comrttitted to comply with requirements of the Water Quality Control Division prior to any offsite dischazge. The Applicant has provided an adequate monitoring program to ensure the protection of surface water and grotmdwater quality on site during mining and reclamation activities. The Applicant has committed to monitor all on-site water holding structures for radioactivity, and has proposed that in the event of a data point in excess of the applicable water quality standard for radiation, procedures for re- sampling and mitigation will be implemented to ensure the containment and protection of surface and groundwater quality during mining and reclamation activifies. 16. Has the Applicant accurately identified and located on a map (in Exhibit C) all surface and groundwater resources on the affected land and adjacent lands, as required by Rule 6.4.7? DMG Response -The Applicant has adequately and accurately identified on Mine Plan Maps (Exhibits C- 1, C-2A, C-2B, & C02B) all surface and goundwater resources on the affected lands and adjacent lands, as required by Rule 6.4.7. 17. Has [he Applicant acquired (or applied for) an NPDES Pemut from the Water Quality Control Division for offsite dischazge of mine waters , as required by Rule 6.4.7(5)? DMG Response -Rule 6.4.7(5) requires the applicant to state that it has obtained or applied for an "NPDES permit from the Water Quality Control Division at the Department of Health, if necessarv." (emphasis supplied). This Office and the MLRB have consistently interpreted [his mle to require the applicanUoperator to acquire a CDPS permit prior to discharging any water from a point source on affected land at the mine site, i.e., at the time it is necessary for such a perrrtit to be obtained, not at the time the minerals reclamation permit application is submitted. As discussed in the Applicant's responses to this Office's adequacy review comments, the applicant has initiated discussions with the Water Quality Control Division regazding necessary water quality permits and has committed to obtaining any necessary water