2020-08-05_PERMIT FILE - M2020008

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SCOTT Contracting property, and has for decades, Scott Contracting holds a prescriptive easement right to utilize the ditch in the same or similar manner to that which has existed in the past. The objection filed by Island Park LLC cites one case in support of its assertion, Hankins v. Borland, 431 P .3d 1007 (Colo. 1967); however, in the Hankins case the "upstream" property owner greatly expanded the use of the ditch in question, to the extent that it substantially damaged the "downstream" property. In contrast, the proposed use here would be similar to that which already exists and would be virtually undetectable to the layperson. The use here would be similar or slightly greater than the current use and volute. As noted in the attached Exhibit D, the most significant dewatering will occur only for an initial 60-day period, and that groundwater level will reach a near equilibrium within 150 days. Island Park LLC also notes in its objection that Scott Contracting would discharge "effluent" into the Island Park Ditch, which is incorrect. Scott Contracting will have to obtain approval from both Garfield County and the Colorado Department of Public Health and Environment (CDPHE) prior to any dewatering operations. Both governmental entities will only permit clean, filtered water to be dewatered into the Island Park Ditch, which will have to be free of any sediment or particulates. Accordingly, any claim that "effluent" will flow downstream, or that excessive sediment will build up on the Island Park property is inaccurate. g. At this time, Scott Contracting is unable to identify the specific location or locations of the perforated pipes or "French drains" referenced in Section 5.2.3.2 of the original application, for several reasons. First the pipes will be moved frequently as the mining progresses through each of the proposed phases. Second, the conditions encountered during each phase will dictate the placement of the pipes during that specific phase; accordingly, any location identified on the map may require adjustment during the mining operations. However, upon completion of all mining activities, Scott Contracting commits to removal of any installed pipes utilized during the mining process. h. Scott Contracting will store both fuel and lubricants at the property. These materials will be stored in a double-walled containment system, as required by relevant Colorado law and regulations. Additionally, the area where "the double-walled storage system will also be located wilt also include plastic lining and a 2.5-foot berm around the perimeter. The material to be stored in this includes the following: i. Diesel fuel - up to 10,000 gallons. ii. Motor oil - up to 100 gallons. iii. Antifreeze - up to 100 gallons.