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Objection to BMRI's AM-03 <br />Page 4 of 23 <br />February 22, 2008 <br />1. 89CW32 - This Water Court Decree of November 12, 1991 dealt with <br />BMRI's mining project. As part of that project, certain lands were dewatered. (Decree, <br />p. 10) Monitoring wells were installed at the mine site. (Decree, p. 38) The decree <br />provides that no water shall be discharged into the Rito Seco, contrary to the Colorado <br />Mine Land Reclamations Board ("CMLRB" Permit). (Exhibit A) <br />2. 99CW057 -- This Water Court Decree of June 4, 2002 dealt with <br />reclamation phase of the project. (Exhibit B - Decree, p. 3) It was precipitated by a <br />continuous spill out of the West Pit area into the Rito Seco. The waters were not of <br />appropriate quality for discharge into the stream. The Court noted that this phase of the <br />project was conducted in conjunction with the regulatory authority of the Colorado <br />Division of Minerals and Geology ("DMG") under Permit No. M-88-112 as well as being <br />subject to the requirements of the Colorado Department of Health and Environment <br />("CDPHE"). (Decree, p. 3) As part of this phase, a water treatment facility was built. It <br />was designed to treat waters in the West Pit prior to their introduction into the Rito Seeo. <br />Wells in the West Pit area were used to lower the ground water levels and prevent ground <br />water outflow into the Rito Seca alluvium. (Decree, p. 3) The treatment facility and <br />related process was designed to prevent overflow of poor quality waters from the West Pit <br />area into the Rito Seco. Alluvial aquifer recapture wells were also Installed downgradient <br />of the West Pit area to capture contaminated waters and mace them available for <br />treatment. (Decree, p. 3) <br />Four wells ("West Pit Wells") were decreed as part of the remediation plan: <br />a) Permit No. 52740-F for 200 gpm; <br />b) Permit No. 52741-F for.200 gpm; <br />c) Permit No. 52742-F for 200 gpm; and <br />d) Permit No. 52743-F for 200 gpm. <br />These wells were permitted and decreed for remediation purposes. <br />Seven downgradient alluvial wells were also permitted and decreed for <br />remediation purposes.