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<br />i <br />modifications to existing permits required to address prevention of injury to water rights. <br />The coordination will entail the following: <br />1. During any pre-application meetings with applicants or operators, each party <br />will advise the applicant or operator of the need to contact the other party where <br />mining or injury to water rights are indicated. <br />2, DMG will notice the SEO of any new mineral mine permit applications and <br />modifications to existing permits where potential impacts to water resources may <br />occur. The notice will be sent to a designated person by the SEO. If the DMG <br />receives comment back from the SEO that the proposed mining or reclamation <br />activity has the potential to cause injury to water rights, the DMG will forward the <br />SEO comments to the applicant. DMG will advise the applicant to respond to the <br />SEO and provide the DMG copies of such correspondence. Where an applicant <br />does not demonstrate compliance with SEO requirements, DMG or the MLRB <br />may deny the application. <br />3. In the comment letter to DMG, the SEO will provide DMG options available to <br />the applicant to address SEO requirements. Where an applicant chooses to install <br />slurry walls, clay liners, or backfill the pit, DMG will confer with the SEO on the <br />proposed plan, and calculate and hold the appropriate financial warranty. <br />4. DMG will calculate and hold any financial warranties that may be posted by <br />the applicant to meet SEO requirements such as slurry walls, clay liners, <br />backfilling, or pumping during the period of reclamation. DMG cannot hold <br />financial warranties to cover the cost of substitute supply plans, plans of <br />augmentation, or perpetual pumping to eliminate a permanent pond. <br />5. Where the applicant proposes to address SEO requirements via a substitute <br />water supply plan, and the operator and the landowners are legally separate <br />entities, the SEO will supply the DMG a brief letter of explanation of potential <br />liability. This letter will be forwarded by DMG to the landowner. The "letter" is <br />intended to make the landowner aware of SEO requirements in the event the <br />operator defaults on meeting SEO requirements once the MLRB permit is issued, <br />and potential water resources are impacted. <br />6. Where the applicant proposes to address SEO requirements via a substitute <br />water supply plan, or a plan of augmentation, the SEO will provide an SEO <br />conf`itmation of compliance letter to DMG indicating that the applicant has <br />satisfied SEO requirements. The SEO will provide such SEO confirmation of <br />compliance letter prior to the DMG required decision date for approving or <br />denying the application. In the event the applicant and the SEO have not <br />