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1 IJ 1 1 1 1 Statement of Issues "Line C~ Gravel Pit" (Application #: M-2001-001) • Tuesday, Mazch 20, 2001 -Page: 5 removed and segregated from other spoil. If such topsoil is not replaced on a bacl~ll area within a period of time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that such topsoil is preserved from wind and water erosion, remains free of contamination, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the discretion of the board, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in a like manner such other strata which are best able to support vegetation. C.R.S. ~ 34-32.5-116(4)(h) Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation, shall be minimized. Nothing in this paragraph (h) shall be construed to allow the operator to avoid compliance with other statutory provisions governing well permits and augmentation requirements and replacement plans when applicable.4 C.R.S. § 34-32.5-116(1) Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation. 2. Under C.R.S. g 34-32.5-103 (2001) The affected land actually includes all land in proximity of the discharge area including adjacent landowners and wetlands, as well as downstream commercial and domestic uses for the Dolores River. 3. The proposed operation violates the provisions of federal law relating to the obstruction of navigable waters, generally;s 4. Et cetera. The proposed gravel pit (mining operation and reclamation program) is contrary to numerous laws and regulations of the State See, e.g. C.R.S. § 37-90-137(1 I)(a)(1) which requires a "well permit" from the State engineer and the water Court before exposing any ground water to the atmosphere. The plan states that the operator has no intention of applying for the permit. ' See, 33 U.S.C. § 403 (2001); 33 C.F.R. § 322.3(a) (2001). Four States Aggregates, LLC 25 APR 2001 Statement of Issues: Line Camp Pit Hearing FSA-LCP-D1-001