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Motion for Conditions Permit Application No. M-2005-080 Page 6 of 9 obtained a grave] pit well permit from the Office of the State Engineer. Any groundwater exposed during mining operations shall not be used and/or consumed for mining operations, evaporation, reclamation, or removed in the mined product except through a previously approved Substitute Water Supply Plan or decreed augmentation plan for use of groundwater. Water conveyed from the property via drainage shall not be used for evaporation, reclamation or mining operations, except through an approved Substitute Water Supply Plan or decreed augmentation plan for use of the water. Any storm water intercepted as a result of mining operations shall be released within 72 hours, or the Applicant shall have first obtained an approved Substitute Water Supply Plan or decreed augmentation plan for use of intercepted storm water. Applicant shall comply with any and all conditions which may be proposed by the Office of the State Engineer. Rationale. On May 30, 2006, undersigned counsel sent a letter to Kevin Rein at the Office of the State Engineer (Exhibit D hereto), stating that the Applicant's proposed operations likely will expose groundwater, based on the experience and noncompliance at the adjacent Ansley Pit #2. The Applicant has stated that it does not plan to expose groundwater at the site. This statement is not consistent with the opinions ofObjectors' experts, who have concluded that the proposed excavation will expose groundwater. {See Exhibits B and C hereto.) The proposed operation will consume ground water by evaporation, reclamation, and water removed in the mined product. Accordingly, in order to comply with Board Rule No. 3.1.6(1)(a), and C.R.S. §§ 37-90-137(11), 37-92-101, et seg„ the proposed condition should be imposed in the 112 permit, if a permit is issued. 4. Water~uality impacts. Proposed condition. No fuel or chemicals shall be stored on the site. The applicant shall submit to the Division a stormwater management plan and file a stonnwater dischazge permit application with the Colorado Department of Public Health and the Environment as part of an amendment to the application. The mining permit must be contingent upon demonstration of adequate control of stonnwater on the site. Rationale. The Division's May 5, 2006 Rationale states that the Applicant "does not propose to store any hazardous materials onsite, thus eliminating the possibility of a spill or leak that could threaten groundwater quality. This condition should therefore be included in any permit granted. In Exhibit G to the Application, the Applicant states that it will complete a stormwater management plan and file a stonnwater discharge permit application with the Colorado Department ofPublic Health and the Environment. The mining permit should be contingent upon demonstration of adequate control of stormwater on the site.