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12/7/2018 <br /> Mr. Means and Mr. Scott <br /> Page 2 <br /> a Section 404"dredge and fill permit"and falls under the jurisdiction of the USACE as Waters of the <br /> United States. DRMS Rule 3.1.6 (c) specifically requires compliance with federal and Colorado <br /> dredge and fill requirements. <br /> As you know, our November 6, 2018 letter included a request that DWR would include a <br /> performance standard for the new SWSP that recharge and maintenance of the ground water table <br /> elevation be required as a condition of approval. The suggested performance standard is simple - <br /> maintenance of the water table elevation in the Love Pit Wetland and its water supply. Construction <br /> and operation of a suitable groundwater recharge system to achieve that performance standard is a <br /> practical engineering solution. However, the recharge facility will require appropriate design, <br /> construction and monitoring to achieve the conditions of approval, all of which will be an operational <br /> task directly associated with mining. Those tasks meet the definition of Reclamation measures <br /> employed to protect water resources, found at CRS § 34-32.5-103(19) because they are during <br /> operation, they minimize disruption from the operation, and are designed to protect water resources. <br /> Oversight of the recharge facilities and compliance with SWSP conditions therefore falls within the <br /> jurisdiction of DRMS acting as co-agency with DWR. <br /> The imposition of such performance standards on day-to-day operations of the Maryland <br /> Creek Ranch Mine is crucial to the sustainability of the Love Pit Wetland. However, reliance on <br /> future DWR well permits and SWSPs to protect the Love Pit Wetland is not enough. DRMS rules <br /> and underlying statutes provide the means for protection of aquatic resources (CRS § 34-32.5-102 <br /> Legislative declaration), but that still will not ensure that the Love Pit Wetland will be protected <br /> through the life-of-mine and after final reclamation. Accordingly,we request that DRMS consider the <br /> following additional measures to that end. At this time, we need to understand which issues can be <br /> addressed by staff without petition for a hearing by the MLRB Board for Declaratory Relief in <br /> accordance with DRMS Rule 2.5. <br /> 1. The disturbances are significant and warrant an Amendment process to the mining permit in <br /> accordance with Rule 1.8 to provide assurance that mitigation will occur through final <br /> reclamation. Dewatering the mining cells at the Maryland Creek Ranch mine without mitigation <br />