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~N 3 , 20 <br />cs~ Og <br />Response to Reclamation Permit Application Consideration <br />DATE: January 31, 2008 <br />TO: Wallace H. Erickson, Environmental Protection Specialist <br />CC: Division 3 Office; District 24 Water Commissioner <br />FROM: Heidi Frey, P.E. <br />RE: Battle Mountain Resources, File No. M-1988-112 <br />Operator: Battle Mountain Resources <br />Contact: 719-3 79-0310 <br />Section 22, Twp 325, Rng 71 W, 6th P.M., Costilla County <br />CONDITIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground <br />water must not occur during or after mining operations. If stormwater is contained on-site, it must <br />infiltrate into the ground or be released to the natural stream system within 72 hours, or all work <br />must cease until a substitute water supply plan, or augmentation plan approved by water court, is <br />obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours <br />unless an augmentation plan approved by water court is obtained. <br />® The proposed operation will consume ground water by: ®evaporation, ®dust control, <br />® reclamation, ^ water removed in the mined product, ^ processing, ®other:. irrigation <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit <br />or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water <br />supply plan or decreed plan for augmentation is required. <br />^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and <br />document the locations of all wells within 600 feet of the permit area. The applicant must then <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or <br />request a hearing before the State Engineer. <br />^ Other: <br />COMMENTS: The applicant has a pending plan for augmentation in Division 3 Water Court, Case No. <br />07CW42. Additionally, the applicant has submitted a substitute water supply plan to this office, which has <br />not been approved. Until such time as the applicant obtains a court approved plan for augmentation or a <br />substitute water supply plan, any diversion of water under their new proposal will be out of compliance with <br />this office. <br />