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(III) Evaluate the effectiveness of postmining reclamation and ground water reclamation <br />plans. <br />C.R.S. § 34-32-112.5(5)(b) <br />Lastly, the MLRA specifies that: <br />The design and operation of the baseline characterization and monitoring plan for in situ <br />leach mining, together with all information collected in accordance with the plan, shall be a <br />matter of public record regardless of whether such activities are conducted pursuant to a <br />notice of intent to conduct prospecting operations under section 34-32-113. <br />C.R.S. § 34-32-112.5(5)(c). <br />These baseline characterization requirements are quite broad - requiring a "thorough" <br />characterization of "premining site conditions." The activities proposed in the Request for <br />Modification are aimed at such a characterization. Indeed, Powertech states that the aquifer <br />pumping tests are specifically designed to determine premining geologic and hydrologic site <br />conditions. Request for Modification, Appendix 1 at pp. 1-2. Although these activities affect the <br />baseline and form an integral part of the baseline characterization plan required by the MLRA, <br />Powertech proposes to go forward with these activities as "prospecting operations" before the <br />baseline characterization plan is fully reviewed and approved by the DRMS. <br />The plain language of the MLRA requires that any baseline characterization must be done in <br />a systematic, sequential, and planned manner. Certainly such a plan must be in place prior to the <br />authorization of any activities that may compromise or otherwise distort or alter a baseline <br />characterization. Indeed, this is precisely how the DRMS has interpreted the MLRA in the context <br />of the ongoing MLRA rulemaking process. The proposed regulations explicitly preclude baseline <br />characterization activities prior to approval of a baseline characterization plan. See proposed Rule <br />1.4.3(1)(A). While the proposed Rules allow for operators to conduct some baseline <br />characterization prior to finalization of the rules in some circumstances, this allowance is <br />discretionary and limited to those activities which are consistent with the MLRA. In this case, <br />because of the potential of the proposed activities to impact the baseline, and, as discussed below, <br />the lack of sufficient baseline data included in the Request, the Division should decline to allow the <br />activity prior to final approval of the baseline characterization plan. Critically in this case, <br />Powertech has already submitted a proposed baseline characterization plan, which is currently under <br />review by DBMS. As a result, there will be minimal delay while the baseline characterization plan <br />is finalized and approved. <br />DRMS review of both the baseline characterization plan and the Request for Modification <br />should be coordinated to ensure faithful implementation of the MLRA and the new Rules. As has <br />been expressed by DRMS, activities conducted prior to finalization of the baseline characterization <br />plan may impact the baseline ground water conditions at the site, thereby impairing, or even <br />precluding, the ability of the Division to obtain an accurate baseline characterization. Overall, <br />because of the potential to impact the baseline, the MLRA requires the Division to ensure that the <br />baseline characterization plan is finalized prior to approving this baseline characterization activity.