PERMFILE49711

• Permit No: M2005066
• IBM Index Class Name: Permit File
• Doc Date: 4/6/2006
• Doc Name: Adequacy Response
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

Ms. Erica Crosby April 5, 2006
Division of Minerals and Geology Page 15 of 21
Response to January 12, 2006 Hydrology Review Memo
6.4.3 Exhibit D-Minino Plan
1. The applicant specifies that the site will be de-watered and dry mined and that a
CDPS permit will be obtained from the Colorado Department of Public Health and
Environment (CDPHE) prior to discharge of groundwater. Rule 6.4.7(5) requires that
the Applicant shall affirmatively 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, if necessary.
Based on the Division's review of the Applicant's mine and reclamation plan it
appears that an NPDES permit will be necessary, unless otherwise specified by the
CDPHE. Please demonstrate how the Applicant will comply with Rule 6.4.7(5).
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 sand and gravel
mine 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).
There will not be any discharge from the Wattenberg West site for at least a year,
and possibly longer. Asphalt Paving Company prefers to wait until closer to the time
of expected disturbance, and after approval of the DMG permit, before applying for a
discharge 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."
The Division has previously acknowledged that this commitment is acceptable;
please see the attached Rational for Approval from Permit # M-2004-067, MMRR
Quarry for confirmation (Attachment 9).
The applicant will provide written demonstration of an approved CDPS discharge
permit to the Division prior to any offsite discharge and prior to the initiation of any
mining activities.
2. The applicant specified in Exhibit M that a US Army Corps of Engineers Nationwide
Permit would be obtained if required for construction of water conveyance and
discharge structure(s) in the Brighton Ditch or South Platte River. As shown on the
Mine Plan Map, mine (process) water will be discharged to the water conveyance
easement (structure) in the southeast corner of the Phase 2 Area. In conformance
with Rute 6.4.4, please clarify the expected rate of discharge of mine (process) water
from the Wattenberg West Pit; and describe the nature of the existing structure(s) to
be discharged into. In the event there are no existing conveyance and/or discharge
structures at the point of discharge, please provide engineering designs and details