PERMFILE61007

• Permit No: M2003037
• IBM Index Class Name: Permit File
• Doc Date: 9/19/2003
• Doc Name: Response to issues at Pre-hearing Conference
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

groundwater level, the Applicant has committed to ensuring a dry pit by stopping
excavation activities and placing atwo-foot layer of fill material over the area, should
water be reached at any time. In addition, during the week of September 8, 2003 (the
height of the irrigation season), the Applicant installed a piezometer in the NE corner of
the site to a depth of 60 feet. Water was encountered at 55'. This further demonstrates
that the Applicant will have suffcient materials above groundwater available for mining.
Again, the Applicant has committed to remaining above groundwater levels for mining,
ensuring a dry operation with no impact to surrounding groundwater.
3. Has the Applicant proposed an earthen dam? (Rule 3.1.6(2))
The Applicant has no plans for water impoundment. An earthen dam is absolutely not
proposed.
4. Has the Applicant proposed measures to effectively control erosion? (Rule 3.1.6(3))
The site will be graded such that erosion will be minimized, with excavation occurring at a
3:1 slope. The proposed grades will direct runoff into the mining area, should erosion
occur. Topsoil stockpiles will be seeded, maintained at 2:1 slopes, and will be irrigated
as needed to prevent water and wind erosion. The reclaimed slopes of 3:1 have proven
to be adequate slopes for preventing erosion upon completion of the mine operation.
5. Has the Applicant determined whether there will be an impact to ground water quality and
if so, have the requirements of Rule 3.1.7 been met?
The mining activity itself does not cause the discharge of any pollutants to the surface or
groundwater.
The hydrology report prepared by Don May PE, Ph.D, Consulting Engineer, indicated two
possible water quality issues to be addressed. Both of these items fall under the
regulatory umbrella of the Colorado Department of Public Health and Environment. The
first of these issues was defined as "sediment contamination from storm water runoff
released to a downstream ditch or steam channel." The proposed gravel mine will be
graded so that all stormwater is confined within the pit. Further, the temporary
impoundment of storm water runoff in a detention pond will allow time for settling of
sediments prior to eventual release back to the groundwater system (within 72 hours of
impoundment, per OSE rule). The Applicant commits to working with the Water Quality
Control Division to obtain a discharge permit if necessary.
The second issue addressed in this report was defined as "contamination of surface
andior groundwater from chemicals such as petroleum products used in operation." All
pertinent State of Colorado health and environmental regulations regarding the transport,
use and storage of chemical and petroleum products will be strictly adhered to throughout
the course of mining. The Hazardous Materials and Waste Management Division
regulates use and storage of these chemicals. Further, the Applicant will commit to the
following precautions: Oil products being stored on site, whether in drums or tanks, will
be stored within a lined earthen berm or other secondary containment structure capable
of containing minor leaks or spills during filling (such as a spill deck or drum storage hut)
and preventing soil contamination. Containment berms will be lined with aheavy-duty
liner (such as visqueen or PVC) designed to prevent soil and water contamination from
oil spills.
Any oil tank with a capacity over 660 gallons will be permitted with the Colorado Division
of Oil and Public Safety, and will be constructed, contained, and maintained as required
by the Colorado Petroleum Storage Tank Regulations (7 C.C.R. 1101-14). If the total
above ground storage of oil products exceeds 1320 gallons (excluding containers less
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