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4. Assess the presence of hydrologic boundaries, if any, within the production zone; and <br />5. Evaluate the degree of hydrologic communication, if any, between the production zone <br />and the overlying and underlying aquifers in the test area. <br />Powertech Request for Modification. Appendix 1 at pp. 1 -2. <br />As a water disposal method, Powertech asserts that'Ja]t the conclusion of the aquifer test, <br />all waters produced from the step -rate and primary pumping tests will be re- injected back into the <br />same formation from which it was extracted. Powertech is currently seeking authorization for water <br />injection through the Environmental Protection Agency's (EPA) Underground Injection Control <br />(UIC) program, utilizing a Class V permit." Id. at p. 8. <br />The legal and technical concerns expressed herein revolve around two issues: 1) how the <br />proposed activities relate to the requirements in the Colorado Mined Land Reclamation Act <br />(MLRA) , C.R.S. §§ 34 -32 -101, et seq. ( " MLRA ") that prospective in situ leach uranium mining <br />applicants submit and confer with the DRMS on a detailed plan for establishing a thorough baseline <br />characterization of site conditions, enacted via HB 08 -1161 as C.R.S. 34 -32- 112.5(5).; and 2) <br />whether the Request for Modification contains sufficient information for the Division of <br />Reclamation Mining and Safety (DBMS) to assess the impacts of the proposed activities with <br />respect to ground water and hydrologic balance impacts. <br />A baseline characterization plan must be in place prior to proceeding with the <br />proposed activities. <br />The Colorado Mined Land Reclamation Act places distinct obligations on a prospective in <br />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 affected <br />land and affected surface and ground water. The board or the office may retain an <br />independent third -party professional expert to oversee baseline site characterization, monitor <br />field operations, or review any portion of the information collected, developed, or. submitted <br />by an applicant or prospective applicant pursuant to this 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 />2 <br />