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Rationale for Recommendation to Approve 20 <br /> September 29, 2016 <br /> Pursuant to Rule 3.1.6(1)(a), the permit application must demonstrate compliance with the applicable <br /> Colorado water laws and regulations governing injury to existing water rights. Colorado water laws and <br /> regulations are enforced by the Division of Water Resources (DWR) of the Office of the State Engineer <br /> (SEO). <br /> On March 11, 2016, the Division provided notice of the permit application to the DWR. On April 21, <br /> 2016, the Division received a comment from the DWR, outlining its conditions for approval of the permit <br /> application. <br /> The Applicant submitted a response to the DWR's comment, which was included in the first adequacy <br /> review response submitted to the Division on July 14, 2016. In this response, the Applicant committed to <br /> contacting the DWR if exposure of groundwater occurs during the operation, to importing water legally <br /> obtained from a hydrant(s) operated by Colorado Springs Utilities (from which hydrant permits will be <br /> obtained), to not diverting or restricting flows in Little Turkey Creek or Deadman Creek, to consulting <br /> with the local Water Commissioner regarding any activity that might affect the flow of water to any stream <br /> system and/or ditch, and to complying with all applicable rules and regulations regarding water use. <br /> The Applicant further addressed concerns regarding impacts to water rights in the July 28,2016 adequacy <br /> review response. In the July 28th response, the Applicant confirmed they have no plans to develop <br /> groundwater resources; however, should a locally available water resource be identified, they will work <br /> with the DWR to obtain the necessary permits prior to developing the resource. Additionally, the <br /> Applicant addressed concerns regarding sediment detention basins, which are part of the proposed <br /> stormwater management plan submitted in Exhibit G. The stormwater detention basins will temporarily <br /> detain runoff waters to remove sediment and reduce peak flows before discharging to Little Turkey Creek <br /> or Deadman Creek. The basins were designed following guidelines established by El Paso County and the <br /> City of Colorado Springs and appropriate precipitation data. The detention basins will be excavated into <br /> native material and will not be within the jurisdiction of the DWR. Should conditions change, the <br /> Applicant committed to obtaining any necessary impoundment permits prior to constructing the facility. <br /> Pursuant to Rule 6.4.13, the Applicant affirmatively states that a well permit will be obtained from DWR <br /> prior to installation of the required monitoring wells. The Division determined the permit application <br /> satisfied the requirements of Rule 3.1.6(l)(a). <br /> 14. Concern regarding when the required discharge permit will be obtained. When will the <br /> stormwater management plan be available for review? Will the Colorado Water Commissioner review <br /> the plans for sediment ponds to assess impact on water rights of Little Turkey Creek watershed? <br /> (N.Reed) <br /> Pursuant to Rule 6.4.13,the Applicant is required to make a statement identifying which permits,licenses, <br /> and approvals the Applicant holds or will be seeking in order to conduct the proposed mining and <br /> reclamation operations. <br /> Pursuant to Rule 6.4.7(5) and Rule 6.4.13,the Applicant has affirmatively stated that a National Pollutant <br /> Discharge Elimination System (NPDES) permit from the CDPHE, WQCD will be obtained (stormwater <br /> 1313 Sheriiart Slicet, Room 2'.3. Dei ;, CO 80203 P 333.866.3667 F 303.832 8106 h~tp;rintu ;n�.state.co.ii f <br /> C ^+ ° <br /> !ohit V�� Hicke:,.roper, Gorn en,ot 1 RoLe- �;. Ra fall, Ex;�cutiVP Driecto 1 Virginia Brannon. Dveaol *i 1 <br />