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a) The Applicant will define the cone of depression for any areas to be <br />dewatered and dry mined. The cone of depression should define, at a <br />minimum, the horizontal and vertical extent of expected impacts. As part of <br />this assessment, the Applicant will identify the owner of any permitted and/or <br />adjudicated water right that may be adversely affected and will provide a <br />mitigation plan for such permitted and/or adjudicated water right. Also, prior <br />to exposure of groundwater at the site, the applicant will provide the Division <br />with written evidence of a damage waiver from all owners of permitted and/or <br />adjudicated water rights within 600 feet of the affected land. <br />b) The Applicant will define the cone of depression for any areas to be <br />dewatered and dry mined. The cone of depression should define, at a <br />minimum, the horizontal and vertical extent of expected impacts. As part of <br />this assessment, the Applicant will identify the owner of any permitted and/or <br />adjudicated water right that may be adversely affected and will provide a <br />mitigation plan for such permitted and/or adjudicated water right. Also, the <br />Applicant will provide the Division with a detailed groundwater investigation <br />to verify whether the proposed rate of pumping, expected drawdown rate, and <br />expected cone of depression during maximum pit disturbance will or will not <br />adversely affect the owner of any permitted and/or adjudicated water right. If <br />the groundwater investigation indicates that any owner of a permitted and/or <br />adjudicated water right may be adversely affected, the Applicant will provide <br />a mitigation plan for such permitted and/or adjudicated water right. (For <br />purposes of this groundwater investigation, the maximum pit disturbance will <br />be defined as the maximum number of acres excavated and dewatered at any <br />one time). <br />c) The Applicant will provide the Division with a groundwater monitoring plan <br />which will be implemented by the Operator to verify the presence or absence <br />of impacts to the groundwater system in the affected land and the surrounding <br />area through the life of the operation. At a minimum, the groundwater <br />monitoring plan should include the location of monitoring stations, frequency <br />of water table elevations to be collected, commitments for baseline data <br />collection prior to exposure of groundwater, commitments for reporting <br />measurements to the Division, water level criteria that will be used to <br />determine when an adverse affect to groundwater has occurred, and <br />commitments for mitigation in the event the adverse impact criteria are <br />exceeded. If this option is chosen, the Division recommends that at least 5 <br />quarters of baseline water level data be collected prior to exposure of <br />groundwater at the site. <br />23. The Applicant has stated stormwater will be retained internally by vegetated berms. <br />Please clarify if the berms are existing or will be constructed. If they are to be <br />constructed, please provide the Division with the location and approximate <br />dimensions of the berms.