Laserfiche WebLink
September 12, 2005 <br />Page 2 <br />More importantly, the City has learned that the highway access point noted in the <br />applicant's August 19, 2005, response, which was described as being 106 feet northwest of the <br />original access point proposed in November of 2004, has been denied. Instead, the applicant <br />now proposes to access Highway 119 at an entirely new location, a location that has never been <br />presented to or reviewed by the Division. <br />This change in the location of the access road alters the two hundred (200) foot boundary <br />of affected land, now includes the Black Hawk/Central City Sanitation District wastewater <br />treatment facility, and could require other property owners to be involved in this approval <br />process. This change must be considered an amendment to the application that will require new <br />notice and publication under CMR 1.6.6. <br />2. National Pollutant Discharge Elimination System (NPDES) permit. <br />CMR 6.1.2 requires that 110, 110(6) Limited Impact, and 112 Reclamation Permit <br />Operations "...shall provide all the Exhibits, as described in Sections 6.3 and 6.4, as applicable <br />to the type of operation." Section 6.4, CMR, encompasses the specific exhibit requirements for <br />112 reclamation operations. <br />Specifically, CMR 6.4.7(5), as part of Exhibit G -Water Information -requires the <br />following: "The Operator/Applicant shall afJtrmatively state that the Operator/Applicant has <br />acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) <br />permit from the Water Quality Control Division at the Colorado Department of Health, if <br />necessary." (Emphasis added.) <br />In its August 19, 2005 Response to 2nd Adequacy Review comments, the applicant <br />admitted that such a permit is necessary but responded to this requirement as follows: "The <br />applicant is aware of the relevant regulations and commits to applying for a CDPS permit when <br />necessary." See p. 15 of applicant's August 19, 2005, response. This is not sufficient, as it falls <br />far short of meeting the CMR 6.4.7(5) requirement that the applicant must "affirmatively state" <br />that it has applied for or acquired the NPDES permit. It is, therefore, necessary for the applicant <br />to have applied for such a permit prior to submitting an application for a regular 112 permit, and <br />its failure to due so are grounds for denial of the application. <br />3. Inadequacy of Lyman Henn geotechnical evaluation. <br />As discussed above, CMR 6.1.2 requires that 110, 110(6) Limited Impact, and 112 <br />Reclamation Permit Operations "...shall provide all the Exhibits, as described in Sections 6.3 <br />and 6.4, as applicable to the type of operation." Section 6.4, CMR, encompasses the specific <br />exhibit requirements for 112 reclamation operations, and CMR 6.4.19, as part of Exhibit S - <br />Permanent Man-made Structures -states as follows: <br />9/!1/05 <br />Q: I USERSIBHIHMCIM/NINC APPL/CATIONIOBJECT/ON LETTER - L03.DOC <br />