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Grand River Park Project, M-2006-046 Response to Adequacy Letter of August 1, 2006 6 September 2006 Page 5 additional response is provided below where the Division's adequacy item 22 referenced Rule 6.4.7(2)(c), under Exhibit G. To clarify the applicant's understanding regarding diversions and impoundments, the dewatering system on the site will involve the creation of a detention basin, to allow for the clarification of pumped water prior to its discharge into the Colorado River system. However, pumped water is collected pursuant to a gravel well permit and does not result in an impoundment or diversion of any surface water channel that would be subject to appropriation. The stormwater collected in excavated areas is subject to the same clarification process as groundwater, and all pumped water is subject to NPDES permitting under the Federal CWA and state Water Quality Control Act. This operation does not equate to a diversion or impoundment as those terms are applied to the engineering of water bodies in Colorado. As indicated on page 10 of Exhibit D, one diversion is anticipated as a result of operations in the Phase 1 and Phase 3A mining areas. Specifically, a lateral of the Last Chance Ditch, wholly owned and controlled by the land owner, will need to be relocated to permit mining activities in those areas. This ditch is noted as the Northern Lateral of the Last Chance Ditch on Exhibit C-1. While this constitutes a new diversion in the engineering sense of the word, the point of diversion will not be altered and no impact to or use of the associated water right is anticipated. 9. In the Mining Plan, the applicant states that asphalt and concrete production may occur on site. If so, please describe how the facilities will be managed to ensure ground water and surface water will not be impacted. Please describe the nature and storage locations (if applicable) for all hazardous materials (including fuel) that will be used on site and the measures used to contain them in the event of a spill or leak. All chemicals necessary for the operation of a concrete and/or asphalt plant will be enclosed within bins, tanks, hoppers, and other equipment that is integral to the plant structure. These chemicals include portland cement, lime, concrete additives, asphalt oil, and diesel fuel. All such chemicals will be contained and controlled from the time of delivery to the time of manufacture. No chemicals classified as hazardous materials will be used in the asphalt or concrete manufacturing process. Given the lack of presence of hazardous materials and the enclosure of elements utilizing other solid state chemical components, no special planning for spills or leakage is necessary under DMG Rules. Plant facilities will be appropriately permitted with necessary water discharge (NPDES/CDPS) permits.