Laserfiche WebLink
BRANNAN � <br /> Founded 1W6 RECEIVED <br /> To: Eric Scott, Environmental Protection Specialist APR 0 7 2023 <br /> Division of Reclamation, Mining&Safety ("Division") <br /> Room 215, c/o: Active Mines Program DIVISION OF RECLAMATION <br /> 1001 E 62nd Ave. MINING AND SAFETY <br /> Denver, CO 80216 <br /> From: Steve Kelton (skelton@brannanl.com) <br /> Subject: Technical Revision 2, Nix Sand & Gravel Mine (M-2001-046), Response to Adequacy <br /> Review 1 <br /> Date: March 31, 2023 <br /> This letter is the Operator's response to a March 10, 2023 letter from the Division, styled as <br /> Adequacy Review 1 to Technical Revision 2 ("TR2"), M-2001-046 (Nix Sand and Gravel Mine). <br /> As an initial matter, Brannan grants a two-week extension of the decision date of this TR2, from <br /> April 3, 2023, to April 17, 2023. <br /> As originally presented, the Operator's TR2 submittal was intended to complete the <br /> Reclamation Permit record with respect to certain technical issues related to groundwater <br /> monitoring. Specifically, the Operator submitted results of a baseline water quality study and <br /> ongoing monthly well monitoring data, and the Operator reiterated its commitment to a <br /> groundwater monitoring plan submitted as part of the AM1 application approved on June 28, <br /> 2021. An email sent to the Division by the Operator on March 2, 2023, and attached to this <br /> letter, provides additional detail on how this submittal completes the record in accordance with <br /> the terms of the approved permit. <br /> The Division's March 10th letter indicates that a significant disconnect remains as to both the <br /> risks presented by the M-2001-046 operation and the administration of protective measures for <br /> water quality. The Operator takes this issue seriously, and we have therefore reviewed the <br /> Construction Materials Rules, relevant statutes, Water Quality Control Commission ("WQCC") <br /> rules and statutes, the Division's Groundwater Monitoring Technical Bulletin, and the M-2001- <br /> 046 permit history regarding the questions presented and appropriate resolution of TR2. <br /> The Operator has also engaged the services of hydrogeologic and Reclamation Permit experts <br /> (DiNatale Water Consultants and Civil Resources LLC/Engineers and Planners, respectively). <br /> Initial feedback from those experts is attached; this technical correspondence provides <br /> responsive information to each of the Division's enumerated issues in its Adequacy Review 1. <br /> 1 <br />