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Health, if necessary." At the November 21, 2005, pre-hearing conference, the Applicant committed <br />to acquiring a National Pollutant Discharge Elimination System (NDPES) permit from the Water <br />___ T_.- _ Quality Control Division at: the Colorado Deparimeni_of_Health.prior to any discharge of water..._ - . -.--- <br />Accordingly, the proposed condition should be imposed in any 112 permit. <br />3. Proposed condition: <br />Prior to initiating quarrying activities, the Applicant shall obtain a gravel pit well <br />permit or other well permit, as applicable, from the Office of the Colorado State <br />Engineer to legally consume groundwater by and/or through evaporation, <br />reclamation, and water removed in the mined product, and Applicant shall comply <br />with all other conditions set forth in the September 15, 2005, Response to <br />Reclamation Permit Application Consideration from the Office ofthe State Engineer <br />(attached hereto as Exhibit A) including the following: (1) any groundwater exposed <br />during mining operations shall not be used and/or consumed for mining operations, <br />evaporation, reclamation, or removed in the mined product except through a <br />previously approved Substitute Water Supply Plan or decreed augmentation plan for <br />use of groundwater; (2) water conveyed from the property via drainage shall not be <br />used for evaporation, reclamation or mining operations, except through an approved <br />Substitute Water Supply Plan or decreed augmentation plan for use ofthe water; (3) <br />any storm water intercepted as a result of mining operations shall be released within <br />72 hours, or the Applicant shall have first obtained an approved Substitute Water <br />Supply Plan or decreed augmentation plan for use of intercepted storm water; and (4) <br />prior to the use of any water for dust suppression and/or reclamation/revegetation <br />purposes, the Applicant shall identify the source of the water and shall provide <br />documentation that the water was obtained from a legal source, or that the water was <br />diverted in priority under a water right decreed for such industrial use, and shall <br />submit such information to the Division, with a copy to the Office of the State <br />Engineer. <br />Rationale: As found and determined by the State Engineer in its September 15, 2005, <br />Response to Reclamation Permit Application Consideration, the proposed operation will consume <br />ground water by evaporation, reclamation, and water removed in the mined product. Further, at the <br />November 21, 2005, pre-hearing conference, the Applicant aclmowledged its duty to comply with <br />applicable Colorado water laws and regulations. Accordingly, in order to comply with C.M.R. <br />3.1.6(1)(a), and C.R.S. §§ 37-90-137(11), 37-92-101, et seq., the proposed condition should be <br />imposed in any 112 permit. <br />4. Proposed condition: <br />The Applicant shall submit to the Division for approval a ground water monitoring <br />program as a modification to the permit prior to initiation of any blasting or earth- <br />3of10 <br />