_REVISION - M2004031

• Permit No: M2004031
• IBM Index Class Name: REVISION
• Doc Name: Rationalefor Recommendation to Approve Amendment with Objections
• From: DRMS
• To: Aggregate Industries
• Type & Sequence: AM1
• Email Name: ECS
• Media Type: D
• Archive: No

Rationale for Recommendation to Approve
Page 15
September 26, 2016
groundwater levels in MW-3 and MW 11 B and within 0.54 feet of the pre-slurry wall average
groundwater elevation in MW-2.
In the TR to AM-01, submitted to the Division on September 1, 2016, the Operator committed to
submitting to the Division within 60 days of completion of the permanent groundwater
mitigation plan, a follow-up certification created by a qualified engineer certifying that the
permanent plan was constructed in accordance with the plans, compaction requirements and
specifications approved through AM-01.
Therefore, the revised AM-01 demonstrates compliance with the requirements of Section 34-
32.5-116(4)(h) C.R.S., and Rule 3.1.6(1), whereby disturbances to the prevailing hydrologic
balance must be minimized.
4. Concerns tltat additional US Army Corps of Engineers(USACOE) 404 permitting
requirements are needed prior to approval ofAM-01 and implementation of the
proposed corrective action. (Equity Funding LLC-second comment period)
The Objector did not provide any documentation to support the assertion regarding jurisdictional
wetlands being inadvertently created by the recent installation of the slurry wall. Regardless, the
Operator is subject to USACOE permitting and reporting requirements for this operation, and is
required to maintain compliance with the conditions of the existing 404 permit. As such, the
Objector should direct such concerns to the USACOE.
The Act and Rules do not require the attainment of all other permits prior to the approval of the
Division's reclamation permit. Pursuant to Rules 1.4.9 and 1.4.13(1), the Office was mandated
to render a recommendation on the application on September 26, 2016, and did so in accordance
with the Act and Rules.
S. Groundwater should be the focus of the amendment application (Equity Funding
LLC—second comment period)
The first three sentences of the TetraTech TR Memo dated August 24 2016, and also provided
with the Equity Funding comment letter dated September 21, 2016 state: "This memorandum
documents the design basis of the Orr water drain and the reservoir outlet at the Hazeltine Mine.
This system will be constructed to address an Order from the Colorado Mined Land Reclamation
Board. The pun pose of the drain is to mitigate elevated groundwater resultintg from the slur ny
wall surrounding the Ha=eltine Mine on the Orr Property." (emphasis added)
6. Canntents regarding requirement for groundwater level monitoring outside of
permit area utilizing additional new wells on Orr property with increased frequency
and reporting requirements. (Equity Funding LLC—second comment period)