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No determination has been made concerning Item no. 7 <br />mentioned above. An investigation by the CDPHE and <br />Peabody Sage Creek Mining as to the cause of the <br />elevated selenium measurements is ongoing. Should it <br />be determined that these exceedances are due to <br />impacts permitted under the current mine plan, <br />revisions to the PHC may need to be required. <br />23. Prevention of <br />CDRMS regulation <br />Surface water - No surface water impacts due to mining <br />material damage to the <br />4.05.1(1) <br />have occurred. Note Item No. 22 above <br />hydrologic balance <br />outside the permit area <br />Ground water— No material damage has occurred, as <br />discussed in item 20, above. <br />24. Agreement of <br />CDRMS regulation <br />Due to limited on the ground construction activities <br />observed hydrologic <br />2.05.6(3) and <br />during the 2011 water year, a determination cannot be <br />impacts with "probable <br />requirement to keep <br />made as to the impacts with the approved PHC. Based <br />hydrologic <br />current, CDRMS <br />on the current activities and observations in the 2011 <br />consequences" <br />regulation 2.03.3(1) <br />AHR, no local or regional impacts were identified. This <br />projected in mining <br />observation is consistent with the PHC. <br />25. Adequacy of <br />CDRMS regulation <br />ground water <br />4.05.13(1) <br />monitoring program <br />26. Adequacy of <br />CDRMS regulation <br />surface water <br />4.05.13(2) <br />monitoring program <br />