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<br />30. It does not appear at the present time that the applicant has provided the required baseline <br />studies of surface and groundwater acid mine production analysis (if pyrite is present) and <br />operational and reclamation features [ha[ will protect surface and ground waters from pollution. <br />31. Another important concern regards the potential for the local clay to release phosphorus <br />(primarily via sediments) to the Arkansas River system. <br />32. What sediment loading will result from the ponds? Along these lines, what are the short and <br />long term operation/maintenance/treatment costs associated with these ponds berms? <br />33. .How will the applicant replace water lost due to potential evaporation from the ground water <br />exposed by the mine pi[? <br />34. How does the applicant propose to ensure that process waters released into the pits meet all <br />applicable water quality standards, including those designed to protect surface flows that are <br />likely hydrologically connected to the ground water impacted by the pits'? <br />35. What is the projected quality of [he process water? <br />36. What will be the impacts to local aquatic life? <br />Issues the Division Believes Are Not Within The Jurisdiction of the Board <br />County Road 157 has a 50 foot combined right-of-way through Mark Brown's property on the <br />east and west sides of the road. This road will not be wide enough for two-way traffic, <br />especially semi-trucks. <br />2. The area is not zoned for a tourist train, and therefore the tracks can not remain. <br />No proof of compliance with zoning for a tourist "commercial operation" or railroad care repair <br />"industrial zone" has been demonstrated by the applicant. <br />4. The applicant volunteered during Fremont County CUP hearings and was then requested to <br />conduct capacity tests of all adjudicated wells and springs within 1.5 miles of the project permit <br />boundary. Only pump flow tests were conducted. No well capacity testing was done by the <br />permittee. <br />The applicant is proposing to haul their materials out by rail yet they have no proof of access to <br />any rail line. <br />The access road bridge is a single lane crossing with a 14 ton capacity. <br />The road leading from the bridge on the north side of the Arkansas River is a 50 foot right-of- <br />way. This is not enough area to build atwo-lane road to provide safe access for their trucks, <br />employees, and for myself and my wife. <br />I feel the short from #404? Is not adequate to provide comprehensive information on the pits <br />affect. <br />