2007-11-19_PERMIT FILE - M2007069

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Rule 6.4.7 Exhibit G- Water Information 3. The applicant shall supply the Division with proof of the seasonal high groundwater elevation. The applicant will need to submit this data to the Division during the review period for this application or in the form of a revision to the permit prior to the commencement of mining as stated in the application. In addition, the applicant should stay above the seasonal high groundwater elevation unless it can be demonstrated the mining will not intercept groundwater at a lesser depth. 4. Please detail all steps that will be taken to ensure the stability and integrity of the High Line Canal and the Oxford Ditch. 5. Please explain what effect mining within 75 feet of the High Line Canal and the Oxford Ditch is expected to have on the hydrologic balance -including seepage losses from the canal and ditch. a. Please explain how conclusions regarding impacts of mining on these two hydrologic systems were reached. b. Please explain what steps will be taken to ensure that these effects are ensured. c. Please explain what actions the applicant will take if damaging effects occur, instead of the effects presumed by the applicant. Rule 6.4.14 Exhibit N- Source of Le ag 1 Right to Enter 6. Please demonstrate the applicant's legal right to enter for the High Line Canal right-of- ways/easements with respect to bridge construction. Rule 6.4.19 Exhibit S- Permanent Man-Made Structures 7. Please provide the agreement(s) in place (or provide written evidence of the applicant's attempts to obtain said agreements) between the Operator and the High Line Canal Company and Oxford Farmers Ditch Company, as mining and reclamation activities appear to occur within 200 feet of these permanent man-made structures. These agreements shall include acknowledgement of the proposed bridge across the High Line Canal and any possible integral and/or functional damage to the Canal and/or Ditch as a result of this bridge placement or construction. Please respond to the following concerns expressed in the (enclosed) letter from the Office of the State Engineer: • "This operation is located between the Highline Canal and the Arkansas River. It appears that there is approximately 20 feet of elevation between the leading edge of the pit and the Arkansas River. This agency is concerned that ground water will be intercepted and exposed. The applicant does not have a permit to expose ground water. Prior to obtaining a permit to expose ground water, a decreed plan for augmentation or approved water supply plan is required. • "There is no record of monitoring wells in the vicinity of the pit, so it is unknown what the depth to ground water is." • "Reclamation plans must ensure water (including storm water will not be retained on site for more than 72 hours unless an augmentation plan approved by water court is obtained."