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<br />In sum, the statute requires an operator (any corporation engaged in or controlling a <br />mining operation, § 34-32-103 (10)) to first obtain a permit before engaging in a mining <br />operation. Since a mining operation is defined to include all developmental work, there is a <br />conflict between the Applicant's proposal and the requirements of the statute. The proposal <br />merely contemplates that no commercial operations will be commenced until the baseline data <br />have been gathered, but leaves the operator free to pursue unspecified developmental activities <br />while the information gathering activities are taking place. The Applicant is therefore proposing <br />to circumvent the statutory requirement for a permit in advance of development activities. <br />The same requirements aze reflected in the statutory provisions governing permit <br />applications. "Any operator desiring to obtain a reclamation permit shall make written <br />application...to the office with a permit on forms provided by the boazd.° § 34-32-112 (1). The <br />application must include "a reclamation plan submitted with each of the applications." § 34-32- <br />112 (1)(b). The "reclamation plan shall include provisions for, or satisfactory explanation of, all <br />general requirements for the type of reclamation proposed to be implemented by the operator. <br />Reclamation shall be required on all the affected land. The reclamation plan shall include: *** <br />(b) A description of how the reclamation plan will be implemented to meet the requirements of <br />Section 34-32-116." § 34-32-112 (3)(b). The statutory cross-reference is to the duties of <br />operators. <br />"Every operator to whom a permit is issued pursuant to the provisions of this article shall <br />perform such reclamation as is prescribed by the reclamation plan adopted pursuant to this <br />section." § 34-32-116 (1). Reclamation plans and the implementation thereof shall conform to <br />the following general requirements: <br />Disturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality and quantity of water in surface and <br />groundwater systems both during and after the mining operation and during <br />reclamation shall be minimized. Nothing in this pazagraph (g) shall be <br />construed to allow the operator to avoid compliance with the statutory provision <br />governing well permits and augmentation requirements and replacement plans <br />when applicable. <br />§ 34-32-116 (7)(g). <br />So, the Applicant's submission for a reclamation permit must include a reclamation plan. <br />The reclamation plan must meet the requirements stated in the listing of the duties of the <br />operator. The duties of the operator include a general requirement for minimizing disturbances to <br />the prevailing hydrologic balance of the affected land and in the surrounding azea, and to the <br />quality and quantity in surface and groundwater systems both during and after mining operation. <br />A complete reclamation plan addressing this requirement is therefore a prerequisite for a permit. <br />A complete reclamation plan cannot be prepared in the absence of baseline data, since in the <br />absence of baseline data, one cannot make a judgment about whether a plan can be effective at <br />minimizing the environmental disturbances in question. <br />