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Jeff Fugate, Esq. <br />Page 3 of 3 <br />May 15, 2008 <br />Please ensure that AM-03 addresses the requirements of Rule <br />3.1.7(8). (p. 4) <br />On behalf of the Objectors, the Board of County Commissioners of Costilla County; the <br />Costilla County Conservancy District and the Montez Ditch, Mr. Lobato and I have several <br />questions concerning the overall direction that BMRI seeks to take in this matter through AM-03 <br />as it relates to past dispositions of DBMS on similar amendments to applications: <br />First, is there any precedent in the DRMS records for an applicant, which is in the <br />reclamation phase, as opposed to the mining phase, receiving permission by DBMS to amend its. <br />permit to cease using a facility that is: (a) accomplishes its intended purpose for over eight <br />years (treatment of water prior to discharge into the Rito Seco under an existing CDPHE permit); <br />(b) instead, use a land dispersal concept under a water management plan for disposal of perpetual <br />flows, recognizing that the land dispersal concept "poses significant potential for impact to the <br />surface and ground water quality" and is experimental in nature. (April 25, 2008, Erickson <br />letter, p. 4); (c) uses agricultural lands for land dispersal which have never had any prior nexus to <br />the permitted area used for the mining operation; and (d) adding non-contiguous lands, as part of <br />the reclamation phase, to the permitted mining operation boundaries to accomplish the above. <br />Each of these questions are addressed to determine if any precedent exists in DRMS files <br />as to entities receiving amended permits as part of the reclamation phase, under similar <br />circumstances to that which exists in AM-03. To the extent that there is such precedent, please <br />consider this request for DRMS to identify the permit(s); and to provide us the opportunity to <br />review the permit(s) and the underlying facts. We appreciate your assistance in this endeavor. <br />Thank you in advance for addressing this matter. <br />Very truly yours, <br />John C. McClure <br />JCM/leo <br />cc: Via E-Mail Only: Edwin Lobato, ejlobo2003@yahoo.com <br />Wallace Erickson, DRMS, wally.erickson@state.co.us