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b. Note that pursuant to Rule 3.1.5(9)The Operator shall maintain a Financial Warranty at <br /> all times adequate to cover the cost to stabilize and cover any exposed backfilled <br /> material. Meaning that if groundwater is exposed prior to obtaining water rights the <br /> Division will bond for the importation of sufficient material to backfill all exposed <br /> ground water. <br /> The purpose of the SWSP is to ensure that groundwater will not be withdrawn or exposed without <br /> an approved augmentation plan in place with the Division of Water Resources. <br /> 58. Per Rule 6.4.7(2)(c)Submit a brief statement or plan showing how water from de-watering <br /> operations or from runoff from disturbed areas, piled material and operating surfaces will be <br /> managed to protect against pollution of either surface or groundwater(and,where applicable, <br /> control pollution in a manner that is consistent with water quality discharge permits), both <br /> during and after the operation. <br /> There will be a permanent berm around the entire mining footprint that will be revegetated,and <br /> remain in place for the duration of the project. This will control off-site runoff. There will also be <br /> wattles at the toe of the stockpiles and the toes of the outside slope of the berms. These details are <br /> included in Section 8.6. <br /> 59. Section 8.5 of the application discusses water management and the potential for incidental run- <br /> off at the site. Please expand the discussion on what types of BMPs are going to be employed at <br /> the site. Demonstrate how water will be managed to protect against pollution of either surface <br /> or groundwater per Rule 6.4.7(2)(c). <br /> a. Figure 13 Exhibit D2 (Sheet 9 Erosion Control Plan)depicts straw waddles being installed <br /> around the northwest affected land boundary. No discussion is provided as to when <br /> they will be installed. <br /> The straw wattles will be installed during Phase 1,Mining Preparation(Section 5.2.1),and are <br /> depicted in Figure 13 Exhibit D2. <br /> b. Will any other BMP's be utilized? If so state the type,when and where they will be <br /> utilized. <br /> There will be no other BMP's other than what is listed in the Mining Plan(Section 5.2.)and shown on <br /> Figure 13 Exhibit D2. The SPCC plan is included in Attachment A Sheet 13. <br /> 60. Pursuant to Rule 3.1.6 and 6.4.7,explain in more detail,water lost with mined aggregate in <br /> section 8.6.2. Under what conditions is water depletions 4%of the production rate? Provide <br /> documentation from DWR-SEO that is consistent with statements in Section 5.2.3.1 of the <br /> Mining Plan that state material is sufficiently dewatered after being stockpiled for 24 hours. <br /> The 4%depletion factor is derived from the Division of Water Resources,General Guidelines for <br /> Substitute Water Supply Plan for Sand and Gravel Pits,dated April 1,2011.Section states that <br /> material that is not washed and mined below the ground water table"has a 4%moisture content,and <br /> 4%is charged because all of the water is a ground water diversion."This guidance document does not <br /> list a specific period of time that mined material must rest to allow for dewatering to a 4%moisture <br /> content. Further,Section 5.2.3.1 of the Mining Plan only listed this 24 hour timeframe as an estimate <br /> in respect to water depletions associated with excavation process. <br /> 61. Per Rule 6.4.7(5)confirm if you have already applied for a NPDES permit. <br /> Per Exhibit M,a CDPS Permit, Colorado Department of Public Health and Environment—Colorado <br /> Discharge Permit—A stormwater permit will be obtained prior to operations.A NPDES permit is not <br /> 11 <br />