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Memorandum to Corey Hoffmann November 14, 2005 • Page 9 Board Jurisdiction: Rule 3.1.7(7){a) requires that a ground water monitoring program shall be required on a case-by- case basis where an adverse impact on ground water quality may reasonably be expected. Rule 3.1.7(7)(6) requires that, if ground water monitoring is required, the operator shall include [he following information as part of a permit application or permit modification to an existing permit: a map that accurately locates all proposed ground water sample points and any proposed points of compliance; the method of monitoring well completion where monitoring wells are required; the method of sampling and frequency of sampling and reporting to the Division; the parameters to be analyzed, water quality analysis methods and QA/QC methods; the formations, aquifers, or strata to be sampled; the potential sources of ground water contamination that will be monitored at each point of compliance; a time schedule for implementation; and ambient ground water quality data sufficient to chazacterize potentially impacted ground water quality. Adverse impacts to ground water quality may be reasonably expected in this application. As noted in our previous comments (see May 25, 2005, comment letter, incorporated by reference), there is a very real risk that the quality (and quantity) of local ground water supplies will be adversely affected. The BHCCSD well and the nearby convenience store well are completed in the fracture zone of the Black Hawk fault. This fault zone is hydraulically connected to the fractured aquifer underlying the proposed quarry site. Therefore, the existing wells are dependent on recharge that currently occurs on the project site. There is a concern that the proposed mining operation (blasting, etc.) may introduce contaminants to the interconnected fractures supplying the water to the nearby wells and negatively impact the water quality. Parameters of concern include radioactivity and turbidity. There is known uranium mineralization in areas surrounding • the proposed quarry site (see Exhibit 16). Vibrations from mining operations may make the ground water turbid, as well as plug or close some of the interconnected fractures, which would reduce the well yields. Evaporation and loss of significant quantities of ground water in the quarry will likely also reduce the yield from the existing wells (see above). 6. Proposed condition: The Applicant shall apply for, obtain, and maintain all necessary permits, licenses, and approvals, including, but not limited to all permits, licenses, and approvals identified by the Applicant and/or listed in Exhibit M as amended. These include i) a Gilpin County Use by Special Review Permit and other required Gilpin County permits and approvals (including grading permit and sanitation permit); 2) Colorado Discharge Permit System permit; 3) Air Pollution Emissions Notice and Construction Permit; 4) Gilpin County Highway Access Permit; 5) State Engineer's Office gravel pit well permit or other applicable well permit, including approved Substitute Supply Plan and or decreed Plan of Augmentation; 6) U.S. Army Corps of Engineers plan review to ensure compliance with Clean Water Act Section 404; 7) those identified by the State Engineer in its September 15, 2005, Response to Reclamation Permit Application Consideration; and 8) State Historic Preservation Officer notification if artifacts of possible historical and/or cultural significance are encountered at the site. Board Jurisdiction: The Colorado Mined Reclamation Act requires that: "No part of the • proposed mining operation, the reclamation program, or the proposed future use is or may be contrary to the laws or regulations of this state or the United States, including but LEONARD RICE ENGINEERS INC. _ 2000 Cc..nr SrRppT. Sump 300, DeNVpR. Co~orcnoo 8021 1-5 t 19 • PHONE (303) 455-9589 • Fnx (303) 45501 t 5