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07/21/03 15: 46.RAX 970 325 7333 THM&M <br />Mr. Carl B. Mount <br />July 21, 2003 <br />Page 5' of 10 <br />To the<extent that attempts to satisfy any of these criteria in the future may <br />result in a corresponding reconfiguration or redesign of the project, the MLRB <br />application is both incomplete and premature.2 <br />Paragraph (2) of Rule 3.1.6 states as follows: <br />12) Earth dams, if necessary to impound water, may be constructed if the <br />formation of such impoundments will not damage adjoining property <br />or conflict with water pollution laws, rules or regulations of the <br />federal government, the state of Colorado or with any local <br />government poNution ordinances. <br />This application does propose various clarifying and storage impoundments. <br />The application fails to disclose the design capacities and proposed method <br />of containment of these impoundments and does not quantify typical storm <br />water amounts, frequencies or intensities. Accordingly, it is not possible to <br />conclude that the proposed impoundments are adequate to contain expected <br />storm and ground water encountered on site during the life of the mine, <br />Additionally, as discussed above, the applicant has not applied for or <br />received required state of Colorado water storage rights appurtenant to its <br />proposed impoundments. The associated question of injury to senior vested <br />water owners is therefore, completely unaddressed, aside from the concerns <br />raised by my clients. <br />Paragraph (3) of Rule 3.1.6 provides: <br />(31 All surface areas of the affected land, including spoil piles, shall be <br />stabilized and protected so as to effectively control erosion. <br />t <br />The application does not contain sufficient detail in this regard and therefore <br />faits to demonstrate that disturbed surfaces will be stabilized and protected <br />sd~as t'o effectively control erosion. <br />Rule •3.1.7 'contains requirements and criteria specifically addressing <br />protectiori of groundwater quantity and quality, That regulation provides, in <br />pertinent part: <br />f~joos <br />= Also In this regard the application foils to satisfy the mandated requiremesrts of Rule 3.1.5(11) which prohlbsTs ".,. <br />srnauthorized release of po0utarsts to graundwater._"and requires the appti[a1rt to demonstrate the measures <br />proposed to satisfy this requirement <br />