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The issue of the appropriate involvement of the Colorado Department of Water Resources has not been <br />discussed. DWR well permits would be required for the proposed new monitoring wells as well as, <br />perhaps, a permit for the UBHM borehole if it would be considered an extraction well. <br />The current Fremont County Conditional Use Permit for exploration does not contemplate the type of <br />activity in the current N01 modification request. According to county officials, a UBHM pilot test would <br />either be considered a Major Modification of the exploration CUP or, more likely, a mining activity. In <br />either case, a completely new submission of a CUP application would be required under the provisions of <br />the Fremont County Zoning Resolution. Evidence that the appropriate CUP application has been made to <br />the county and fully approved should be required prior to commencement of the requested pilot test. <br />Conclusion <br />Tallahassee Area Community believes that consideration of the Black Range Minerals application to <br />modify their Prospecting N01 was both inappropriate under the MRLA and contrary to previously stated <br />staff positions and assurances made to involved stakeholders. In addition, TAC argues that DRMS staff did <br />not properly consider the potential threat to the groundwater and did not press BLR to provide specific <br />data to support their position that UBHM was safe to be tested in the immediate vicinity of residents and <br />domestic water wells. This activity should not be permitted to go forward until the questions and issues <br />that have been raised are resolved. <br />Respectfully submitted, <br />s/ Lee J Alter <br />Chairman, Government Affairs Committee <br />for the Board of Directors, Tallahassee Area Community <br />Cc. Cathe Meyrick, President TAC (cmmeyrick@aol.com) <br />Kay Hawklee, Vice President TAC (khawklee@gmail.com) <br />Jeffery E. Parsons, Esq. (parsonsie@hotmail.com) <br />8 <br />