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(7) Reclamation plans and the implementation thereof shall conform to the following general <br />requirements: <br />(g) Disturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality and quantity of water in surface and groundwater systems <br />both during and after the mining operation and during reclamation shall be minimized <br />C.R.S. § 34- 32- 116(7). <br />In this case, the NOI has failed to demonstrate that it will minimize disturbances to the <br />prevailing hydrologic balance or to the quality and quantity of surface and groundwater systems. In <br />fact, no information is provided on the character or content of the unspecified "2000.00" amount of <br />material to be extracted, nor where it will be disposed of or placed. Similarly, no information is <br />provided on the condition of the "existing stockpiles" that are proposed to be used, whether as to their <br />chemical or physical stability. The proposal to drill dewatering holes likewise lacks any detailed <br />information on any hydrologic, - geologic, water quality baseline conditions, or any - information on how <br />these dewatering activities will affect the hydrologic balance or water quality or quantity. <br />The Division has substantial authority under its regulations to require such baseline data when <br />considering prospecting approvals. The Division's Hardrock/Metal Mining Rules specifically provide: <br />(4) The Office may require the submission of baseline site characterization data, sufficient to <br />ensure that impacts from prospecting will be detected, prior to the initiation of prospecting or <br />mining, including but not limited to, ambient groundwater and surface water quality data <br />sufficient to characterize potentially impacted waters. <br />(5) Drilling pits used during prospecting or mining shall be constructed and operated to <br />minimize impacts to public health, safety, welfare and the environment, including soil, waters <br />of the State, including groundwater, and wildlife. In its discretion, the Office may require the <br />use of pit liners, fencing, netting or other measures to minimize impacts to the public health, <br />safety, welfare and the environment. <br />DRMS Hardrock/Metal Mining Rule 3.1.6. This type of information should be required in this case. <br />The most glaring gap in information provided with regard to this proposed exploration project <br />is the lack of any information regarding ability to comply with the Clean Water Act point source <br />discharge permit in place at the site. This is problematic given the information available via the United <br />States Environmental Protection Agency (EPA) regarding historic lack of compliance with permitted <br />water quality standards and limits. For instance, the EPA's Enforcement and Compliance History <br />Online (ECHO) database demonstrates substantial lack of compliance has occurred at the London <br />Mine for pollution discharges of both cadmium and zinc. See summary attached as Exhibit 1. <br />Notably, these violations are neither minor nor infrequent, with discharges regularly exceeding <br />permitted limits by large amounts. The Division should require submittal of all information relevant to <br />the ability of the facilities relied on as part of the operation to meet all water quality standards. Given <br />the track record, the Division should also require measures (i.e., rehabilitation, re- construction, etc.) to <br />be proposed to ensure compliance. <br />2 <br />