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Mr. Dustin Czapla <br /> August 24, 2021 <br /> Page 10 <br /> water law applies to the capture, storage,and use of stormwater. Unless a water user has a decreed <br /> water right to capture, store, and use stormwater, or has a judicially approved augmentation plan <br /> augmenting out-of-priority depletions caused by the capture, storage, and use of stormwater, a <br /> water user cannot legally capture, store, and use stormwater. <br /> In this situation, there is no indication that the Applicant has a decreed water right or <br /> augmentation plan that would allow capturing, storing, and using stormwater for the milling <br /> operations. Therefore, Applicant cannot demonstrate that it has a legal right to manage and use <br /> stormwater as it proposes. The Concerned Citizens request that the Board deny the Application <br /> for lack of a stormwater management plan that is capable of implementation. <br /> Wildlife <br /> In 2011, the Division of Wildlife provided a letter stating that, because the land already <br /> had been developed, the impact from fragmentation of habitat already had occurred. The letter <br /> stated that there could be "slightly"more impact to deer and elk due to additional traffic but made <br /> no recommendations relating to this issue. (Appendix 8-1.) <br /> This report is ten years old and applied to a different operation on the Property. The <br /> Applicant proposes to double its operations and to operate 24/7. The Applicant should be required <br /> to obtain a new determination from the Division of Wildlife. Deer and elk often are observed in <br /> the area by the Concerned Citizens and likely will be impacted by noise and 24/7 activity at the <br /> facility. <br /> Air Emissions <br /> The Application reports that an APEN (Air Pollution Emissions Notice)has been submitted to <br /> CDPHE. (Other Permits&Licenses at 13-1.) In addition, an APEN purportedly is attached to the <br /> Application in Appendix 13-6. However, the document attached as Appendix 13-6 is not an <br /> APEN. It is an air emissions permit issued for the Leadville Mill in 2011. That permit expired in <br /> 2016 because the facility never went into operation. Moreover, the facility at that time was <br /> permitted for half the throughput for which Applicant now seeks approval and was not authorized <br /> for cyanide leaching. Therefore,the prior permit has no relevance to the current Application. The <br /> Applicant should be required to provide a copy of the APEN it claims to have submitted to <br /> CDPHE. The APEN would provide information relevant to the impacts of the proposed operations <br /> on neighboring residential property owners and wildlife. <br /> Noise <br /> The only discussions of noise in the Application are statements that: (1) the trommel and <br /> the crusher will operate only 8 hours per day during the day shift (which is not defined), (Mine <br /> Plan, p. 4-6), and (2), for material delivered from off-site, truck drivers will be trained in noise <br /> mitigation. (Id. p. 4-42.) The Application contains no information about the level of noise that <br /> will be produced from these operations, or from operations during the other 16 hours a day the <br /> BURNS FIGA & WILL <br />