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Rationale for Recommendation to Approve 38
<br /> September 29, 2016
<br /> the permit application. However, CPW did not provide any comments or recommendations specific to
<br /> protection of turkeys.
<br /> 46. Concerns regarding invasion of privacy-spoke with man drilling up there one day—he said he
<br /> could see Chuck sitting on our deck drinking coffee every morning
<br /> (C.Hancock, D.Hancock, C Kimble)
<br /> The Act and Rules do not specifically address issues of invasion of privacy. Therefore,these concerns are
<br /> not within the purview of the Division's jurisdiction and are not a basis to deny the permit.
<br /> 47. Concerns that test coring used water based mud in a highly fractured zone, which makes
<br /> statements about no water encountered a guess based on easily misinterpreted data
<br /> (J.Moore,K.Moore)
<br /> The Applicant addressed this concern in the adequacy review response submitted on July 14, 2016,
<br /> particularly in response to the Division's item no. 170. Per the Division's requirements, the Applicant has
<br /> submitted a groundwater monitoring plan that includes monitoring of water quality and groundwater levels
<br /> at four monitoring wells to be installed hydrologically upgradient and downgradient from the proposed
<br /> mine operation in Little Turkey Creek valley and Deadman Creek valley. Groundwater is not expected to
<br /> be encountered outside of the fractured areas (valleys).
<br /> The Applicant further addressed this concern in the adequacy review response submitted on August 19,
<br /> 2016, particularly in response to the Division's item no. 16. The Applicant states that although
<br /> groundwater is not expected to be encountered by the mining operation, the Applicant commits to
<br /> notifying the Division and DWR if groundwater is intercepted by the operations. If groundwater is
<br /> encountered, the DWR will require a well permit, and the Applicant will comply with the DWR
<br /> requirements. The Applicant also commits to comply with all requirements of the Division, including
<br /> revising the mining permit through the Technical Revision or Amendment process to address the
<br /> interception of groundwater, if such occurs.
<br /> 48. Concerns regarding C.R.S. 34-32.5-116(4)(e), that all refuse shall be disposed of in a manner
<br /> that controls unsightliness or the deleterious effects of such refuse - but the plant fines stockpile will
<br /> be stored within the quarry operation area and clearly visible from properties within Eagles Nest
<br /> (N.Reed)
<br /> Following C.R.S. 34-32.5-116(4)(e), reclamation plans and their implementation are required on all
<br /> affected lands, including that all refuse shall be disposed of in a manner that controls unsightliness or the
<br /> deleterious effects of such refuse.
<br /> In Exhibit E,the application states that during mining,overburden and fines generated will be direct hauled
<br /> and placed as backfill in the pit areas as soon as practicable,and as areas become available for reclamation.
<br /> The subsoil material will be used as a plant growth medium on disturbed areas, including, on pit benches,
<br /> pit floors, the F 1 stockpile area, and the access road. At least one foot of fines/overburden will be placed
<br /> over all disturbed areas for reclamation. Subsequently, a minimum of six inches of topsoil will be placed
<br /> over the fines/overburden across disturbed areas. The F1 stockpile area, where fines/overburden will be
<br /> stored during the mining operation, will be reclaimed to wildlife habitat. Any remaining fines/overburden
<br /> oF'coto
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