PERMFILE41904

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 8/19/2005
• Doc Name: 2nd Adequacy Response
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

MMRR Quarry, M-2004-067
Response to June 30 Adequacy Review (as amended)
August 19, 2005
Page 15
37. In conformance with Rule 6.4.7(4), please provide the projected amount from each of the
sources of wafer to supply the project wafer requirements for the mining operation and
reclamation.
During all phases of work at the MMRR Quarry, water will be imported from fully
consumable off-site sources. As stated in the application, the transportation of
water is anticipated to utilize 10,000-gallon tanker trucks, or similar equipment.
Nearby wells indicate the most viable source for water in the vicinity of the site is
the alluvial flow of the North Fork Clear Creek. This application does not
anticipate drilling a groundwater supply well or appropriating surface water for
beneficial use, and hereby commits that the source of 100 percent of the
consumptive water supply to the MMRR Quarry operation will be waters made
available in the market as a fungible commodity and without impact to the site
and its environs.
A future project-related water transfer or exchange may involve a quantity of
Clear Creek or tributary water, if need to implement a Temporary Substitute
Supply Plan or Plan for Augmentation (see below response to adequacy
comment 42).
38. In conformance with Rule 6.4.7(5), please affrrmatively state that the Applicant has acquired
(or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the
Water Quality Control Division at the Colorado Department of Health.
The NPDES program is implemented in Colorado through the Colorado
Discharge Permit System (CDPS) administered by the Water Quality Control
Division. The applicant is aware of the relevant regulations and commits to
applying for a CDPS permit when necessary. State and federal regulations are
both triggered by the presence of an actual discharge, and both sets of
regulations clearly state that 180 days is the intended length of time to review
individual discharge applications. See, 5 CCR 1002 § 61.4(1)(c); 40 CFR
122.21(c)(1). Moreover, a General Permit (COG-500000) is the relevant
regulation in Colorado for the purposes of a quarry discharging only stormwater
that is incidentally exposed to soil and sediment. This permit requires application
for a CDPS permit 30 days prior to commencement of a discharge. COG-
500000, paragraph I(A)(4).
It is very unlikely that any discharge from the MMRR Quarry will occur within the
next 180 days, and virtually impossible that quarry operations would commence
in 30 days. The length of review time, the detailed analysis of stormwater runoff,
and the adjustment of plans in the present permitting process all demonstrate
why the applicant believes it is prudent to obtain an approved site plan prior to
submitting for a CDPS permit. This approach is consistent with the DMG
regulation (Rule 6.4.7(5)) that requires an operator to apply for a discharge
permit when "necessary."