REVISION - 3/23/2009, 10:15:20 AM-JRC

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The design and operation of the baseline characterization and monitoring plan for in situ leach mining, together with all information collected in accordance with the plan, shall be a matter of public record regardless of whether such activities are conducted pursuant to a notice of intent to conduct prospecting operations under section 34-32- 113. C.R.S. § 34-32-112.5(5)(c). These baseline characterization requirements are quite broad - requiring a "thorough" characterization of "premining site conditions." The activities proposed in the Request for Modification are aimed at such a characterization. Indeed, Powertech states that the aquifer pumping tests are designed to "determine the hydrogeologic properties of the sedimentary rock units that host uranium mineralization as well as adjacent rock units." Request for Modification at 1. Yet, no plan has been submitted to DRMS, nor reviewed by the public, with respect to any comprehensive baseline study. The MLRA requires that any baseline characterization must be done in a systematic, sequential, and planned manner. Certainly such a plan must be in place prior to the authorization of any activities that may compromise or otherwise distort or alter a baseline characterization. Further, in the development of this baseline characterization plan, the DRMS should take advantage of its clear authority to contract with outside experts, at Powertech's expense, to conduct and/or review a proposed baseline characterization plan for the site. At minimum, prior to conducting any activity at the site, Powertech must provide a conclusive demonstration that its activities will not in any way affect, alter, or distort any future baseline characterization of the site and the groundwater. The Request for Modification lacks information necessary to assess impacts Even if Powertech's submittal could be considered "prospecting" (which as noted herein, cannot be the case under the MLRA), the MLRA mandates that: Operators of in situ leach mining operations shall take all necessary steps to prevent and remediate any degradation of preexisting ground water uses during the prospecting, development, extraction, and reclamation phases of the operation. C.R.S. § 34-32-116(8)(emphasis added). The MLRA further requires that any notice of intent to conduct prospecting activities must "contain the following: ... (f) Measures to be taken to reclaim any affected land consistent with the requirements of section 34-32-116." C.R.S. § 34-32-113(2). Section 34-32-116 specifically requires that: (7) Reclamation plans and the implementation thereof shall conform to the following general requirements: 4