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Further, the methodology and techniques for conducting baseline sampling for those <br />aspects of the baseline site characterization that are included do not meet the MLRA's <br />requirement that the characterization plan be "scientifically defensible." Many of the <br />deficiencies in the proposed methodology are described in detail in the attached letter from Dr. <br />Richard Abitz. As demonstrated by his attached professional resume, Dr. Abitz possesses <br />considerable expertise with respect to proper methodology for determining the baseline <br />characteristics of site proposed for in -situ leach uranium mining. <br />The Mined Land Reclamation Act (MLRA) was recently amended to address the serious <br />concerns raised by in situ leach (ISL) mining. The Powertech project presents the first <br />application of the amended MLRA to a specific ISL mining proposal. Because implementing <br />regulations are currently being considered, analyzing the direct impacts of the Powertech <br />proposal should be done with great care due the potential precedent that may be set by acting <br />upon the Powertech application in advance of the final promulgation of regulations. <br />Nonetheless, the MLRA does provide sufficient authority to guide the DRMS review of <br />the baseline plan. The MLRA 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. § 32- 34- 112.5(5)(b). Unfortunately, the materials submitted by Powertech do not satisfy <br />the statutory requirements. <br />The proposed baseline site characterization plan submitted by Powertech fails to provide <br />for a thorough characterization of premining site conditions, as required by the MLRA. The <br />gaps in the plan relate particularly to the lack of a methodology designed to characterize the <br />hydrological and geological conditions of the site. A sound methodology for characterizing <br />these conditions is necessary to detect and prevent excursions as well as evaluate the <br />effectiveness of ground water reclamation plans. At minimum, the information that must be <br />gathered via a site characterization plan includes geological and hydrological data evidencing the <br />extent and nature of local subsurface water flows, including identification of any fractures, <br />fissures, or other pathways for communication among and between aquifers. In the case of the <br />Centennial site, this characterization must also thoroughly account for prior activity in the area, <br />including historic and more recent past exploration drilling and aquifer pump test activity that <br />could affect groundwater conditions, including quality or quantity. Any plan lacking such <br />information is legally deficient. <br />2 <br />