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either case, the DRMS cannot approve the Request for Modification under a Notice of Intent <br />to conduct prospecting at this time.' <br />2. A baseline characterization must be in place prior to proceeding with the proposed <br />activities. <br />The Colorado Mined Land Reclamation Act places distinct obligations on a prospective <br />in situ leach uranium mining operator with respect to a baseline site characterization: <br />Prior to submitting an application, the prospective applicant shall confer with the office <br />concerning the baseline characterization and plan for ongoing monitoring of the <br />affected land and affected surface and ground water. The board or the office may retain <br />an independent third-party professional expert to oversee baseline site characterization, <br />monitor field operations, or review any portion of the information collected, <br />developed, or submitted by an applicant or prospective applicant pursuant to this <br />subsection (5). <br />C.R.S. § 34-32-112.5(5)(a). <br />The MLRA further requires that: <br />Prior to submitting an application, a prospective applicant for in situ leach mining shall <br />design and conduct a scientifically defensible ground water, surface water, and <br />environmental baseline characterization and monitoring plan for the proposed mining <br />operation. This plan shall be designed in such a manner as to: <br />(I) Thoroughly characterize premining site conditions; <br />(II) Detect any subsurface excursions of ground water containing chemicals used in or <br />mobilized by in situ leach mining during the mining operations; and <br />(III) Evaluate the effectiveness of postmining reclamation and ground water <br />reclamation plans. <br />C.R.S. § 34-32-112.5(5)(b) <br />Lastly, the MLRA specifies that: <br />'We note that Powertech's previously proposed activities, approved by DRMS via the original <br />Notice of Intent (P-2008-043) on August 27, 2008 and on October 22, 2008 via Modification #1 <br />to the Notice of Intent, also raise serious questions with regard to both the application of the <br />baseline characterization requirements of HB 1161 and the propriety of approval by DRMS as <br />"prospecting" activities. These previously approved activities consisted entirely of installation of <br />groundwater monitoring wells "for baseline environmental data collection," and drilling of <br />exploration boreholes "to delineate uranium resource in the project area." Thus, these activities <br />should either be covered by a baseline characterization plan as specified by HB 1161 (C.R.S. § <br />34-32-112.5(5)) or treated as "development" under the MLRA because the delineation drilling is, <br />by definition, aimed at "defining further the ore deposit by drilling." C.R.S. § 34-32-102(4).