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MMRR Quarry, M-2004-067 Response to Sept. 20, 2005 Adequacy Review October 24, 2005 Page 8 The Black Hawk Central City Sanitation District has been properly noticed for the purposes of Rule 1.6.6. As explained in the August 19 submittal, the technical revision was not an amendment to the application. Gilpin County (Petrock 6 Fendel, PC) -Conclusion. n LJ Gilpin County asserts that the permit application should be denied. The County does not assert the grounds upon which this denial would be based, and no such grounds are available. On behalf of the Applicant, the Project Attorney included a letter as an attachment to the August 19, 2005 adequacy submittal; that letter discussed C.R.S. § 34-32.5-115(4) and the lack of any grounds for denial of this application. Cdy of Black Hawk (Hayes, Phillips, Hoffmann & Carberry, P.C.) - (1) Location of Access Road. Latitude and longitude coordinates of the proposed access point have been corrected, as noted above. The submitted coordinates are consistent with the point of access depicted on all drawings, including current revised map exhibits, as well as map exhibits submitted to the Division and filed for display at the Gilpin County Clerk and Recorder on August 19, 2005. The highway access point noted in the Applicant's August 19, 2005, response was approved. This access point is under review by the Division of Minerals and Geology as part of the current Regular 112 application. As noted above in response to assertions made by Gilpin County, the Applicant has complied with Rule 1.6.6 regarding notice to the Black Hawk Central City Sanitary District. The driveway location currently under review is a technical revision, as explained in the applicant submittal of August 19, 2005. City of Black Hawk (Hayes, Phillips, Hoffmann & Carberry, P.C.) - (2) National Pollutant Discharge Elimination System (NPDES) permit. State and federal requirements associated with the Clean Water Act, including the NPDES program, are triggered by discharge of a pollutant. As the City of Black Hawk has noted, Construction Materials Rule 6.4.7(5) provides that the Applicant must affirm that they have obtained or applied for an NPDES permit if necessary. For example, an amendment to add acreage at a construction materials site not currently in compliance with discharge permitting requirements would be disallowed until the appiicant/operator obtained a permit for the site's discharges. rI