2016-10-05_ENFORCEMENT - M2004031

• Permit No: M2004031
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/5/2016
• Doc Name: Moton for MLRB Hearing to Limit Evidence
• From: Aggregate Industries
• To: DRMS
• Type & Sequence: AM1
• Email Name: ECS
• Media Type: D
• Archive: No

Exhibit A
Rationale for Recommendation to Approve
Page 13
September 26, 2016
Issues Raised by the Objecting Parties and Commenting Agencies
The issues raised by the objecting parties and commenting agencies are represented by italic bold
font. The last names of the objecting parties who raised the issue are listed after the issue. The
Division's response follows in standard font
1. Concerns regarding p•olonged training activitj,and associated dust, noise pollution,
turd visual iuipact to sttr•rortntling propei7l?. (Sabin —fr,•st comnierrt period)
In these proceedings, the Division's jurisdiction is limited to enforcement of the specific
requirements of the Act and Rules. The Division considers all timely submitted comments in its
review, but can address only the issues which directly relate to (lie specific requirements of an
application as stated in the Act and Rules.
The Act and Rules do not specifically address issues of zoning and land use, impacts to visually
appealing landscapes, hours and/or days of operation, noise and sight pollution, and quality of
life. Such issues are typically addressed at the local government level and not at the State
government level. These issues should be addressed through the Adams County permitting
process. On December 31, 2015 and September 1, 2016, the Division provided notice of AIVI-01
to Adams County. Adams County has not indicated any conflict with local zoning or regulations
for the proposed mine operation.
The Act and Rules do not authorize the Division to regulate air pollution (dust) issues. Please
direct concerns for air pollution to the Air Pollution Control Division with the Colorado
Department of Public Health and Environment.
Pursuant to Section 34-32.5-103(1 1) C.R.S., the life of mine may extend indefinitely as long as
the operation is conducted in accordance with the conditions of the approved permit and the Act
and Rules. Therefore, the Division cannot deny AM-01 based on the length of time necessary to
complete the extraction and reclamation processes described within the approved permit and
required by the Act and Rules.
2. Concerns regariling the aniendlnent/operalton being in compliance with applicable
►rater rights requirenrerrts. Cona III ent that additional leak testing of shirty wall pray
be required by SEO. (City of Thortou, D FVR)
Pursuant to Section 34-32.5-116(4)(h) C.R.S., and Rule 3.1.6(1)(a), the application must
demonstrate compliance with applicable Colorado water laws and regulations governing injury
to existing water rights.
On December 31,2015 and September 1, 2016, the Division provided notice of AM-01 to the
State Engineer's Office Division of Water Resources (DWR). DWR is the regulating authority
for water rights in Colorado. DWR responded to both of the Division's notices with conditions