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s <br /> diversion and it is constructed just as any other diversion. This water right and diversion is <br /> regulated by the Colorado State Engineer's Office up on the eighth floor of your building, and is <br /> independent of the DRMS permit. <br /> As for the second sentence of the comment, the answer has been discussed in detail in the <br /> response of Comment 5 above. <br /> Comment 8: Provide an estimate of the project water requirement including flow rates and annual <br /> volumes for the development, mining and reclamation phases of the project. <br /> Response: This information is somewhat proprietary and is normally considered the business <br /> of the owner of the water right and the agency that oversees that right,the State Engineer's <br /> Office. The owner of the mining permit, in addition to having a permit to mine, also has a water <br /> right for surface water taken from a specific location in Pennsylvania Creek. That right is for 2.3 <br /> cubic feet per second (cfs). <br /> The volume of water used by the permitted mine can vary significantly from year to year. The <br /> use is dependent on the length of time the plant is operated during the season, the amount of <br /> winter moisture that fell on his property the winter before the operating season, and the amount <br /> of rainfall that occurs during the operating season. On the consumptive side, water use will be <br /> based on the amount of evaporation, loss due to water adhering to processed particles due to <br /> surface tension, and loss through infiltration. Historically,the operation operated from a <br /> minimum annual use of no supplemental water, to use the entire allotted flow. This water right <br /> is enjoyed by its owner and is not specifically tied to the operation permitted by DRMS. As a <br /> result the owner is free to use it for purposes consistent with that right, and the right does not <br /> come under DRMS authority. <br /> Comment 9: Provide a brief statement or plan showing how water runoff from disturbed areas,piled <br /> material and operating surfaces will be managed to protect against pollution of either surface <br /> or groundwater, both during and after the mining operation. In addition, speck if the <br /> Operator holds a stormwater discharge permit. <br /> Response: First, the natural undisturbed soils within the permit area consist of coarse-grained <br /> materials having high permeability. An inspection of the site during a rain storm would reveal <br /> that very little runoff occurs due to infiltration. Secondly, since all ponds are located <br /> topographically below the mining operation, as can be seen on the topographic map, any runoff <br /> that might occur diverts to those ponds. In the 130 year history of the site, there has never been a <br /> documented discharge of any mine water off of this site. <br /> As for the potential for groundwater pollution, the mine process simply consists of moving <br /> gravel from one place to another. The gravel contains no levels of contaminants deemed <br /> hazardous by the government and the physical movement of these materials uses no chemicals <br /> deemed hazardous. Thus, this operation is no different than someone building a road or setting a <br /> foundation for a house. The risk to the environment from this operation is the same. <br /> 4 <br />